Legal Question in Family Law in New York
false accusations
Three years ago my wife filed an exparte motion for an order of protection. I was evicted from my home, where i also worked, not allowed to see my daughter for two months, and found guilty of the charges. there was no police report or medical report. i was pro se. the oop lasted for three years. after 3 months of investigation and supervised visits i was granted unsupervised visitation two days a week and free access to my daughters school.This April the oop expired and I filed a request for more visitation. My wife then filed another order of protection listing the same charges and a host of others. However because the law gaurdian was involved and the charges are very bizzare the law guardian is very sceptical and the judge did not change my visitation.
I feel confidant that I can show these charges are false, but i am concerned that the court will just pretend nothing happened.
I want my ex to stop harrassing me and to that end i feel the only way is to charge her with false accusations so that she realises there are consequences to her actions. My question is:
Is it an offense to knowingly file false accusations and what motion can i bring.
I am still pro se.
thank you
1 Answer from Attorneys
Re: false accusations
If you were found guilty, then the ex parte motion became a contested hearing. You represented yourself and you lost. Now she is filing similar charges against you. It would be a mistake to continue to represent yourself.
Even if you cannot afford legal representation in court, you may wish to consult with an experienced matrimonial attorney for advice and direction.
Remember, even an attorney who represents himself, has a fool for a client.
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