Legal Question in Family Law in New York
My husband file a false order of protection against me, to gain an upper hand in a pending divorce.. My first hearing is 2 days from now.. I have possible evidance that he is abusing a protection order. do I show it to the judge on the first hearing? also he plans to bring his "girlfriend " to testify against me, We are still legally married and no legal separation has been drafted between us ( we live in New York State) how will that look to the judge if he brings her to testify, since we are legally married ?
3 Answers from Attorneys
I suggest that you consult an attorney right away.
Same answer. However, the court is usually used to 'girlfriends' and 'boyfriends' appearing to provide testimony in these actions and understand that such witnesses have significant bias. If you evidence is sufficient to defeat the petition on the first conference, it will be dismissed. Otherwise, you will most likely be asked to come back for a hearing later.
The court will only look at the evidence and the law. You should consult with an attorney.