Legal Question in Family Law in New York

Order of protection

Me and my wife are married almost 4 years. 2 months ago she decided that she wanted a ''break''. After different discussions with her , I decided to move to my sister appartment with a suitcase. After a month of trying to reconcialate I decided that there is no more chance to be together anymore, I announced that to her and I went to our appartment to pickup my personal effects. She was not there. I pickup my personal belongings and left the appartment. After she saw that she decided to ask the Family Court for a temporary order of protection.In the affidavit she signed and in the order she got, there were a lot of basic mistakes like : her name was wrong, her daughter name was wrong, her address was wrong, our date of marriage was wrong and so on....

My question is : ''How I can get a dismissal based on the fact that the affidavit was erroneous?'' Do I have to go to court to demonstrate that? Or can I do it in another ways?

Thanks


Asked on 4/25/05, 9:52 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Order of protection

You must not ignore this Petition. You need to Appear for and respond to any and all Court Summons, Notices and Petitions, each and every time. It does not matter that there may be "clerical" errors in the papers.

You should retain an attorney, ASAP. Since, it appears that you DID NOT USE GOOD JUDGMENT, re returning to the apartment for your clothes, apparently without your wife"s "approval," during her absence from the home.

Please note, You [probably] did not do anything "illegal" or inappropriate, in removing your personal effects, the way you did. And, your wife [probably] does not have any "legitimate" cause for complaint. But, the clique "a woman scorned" is alive an well, and "in your face." Your wife is unlikely to be finished with attempting to "boss" and "control" you in ways, that you may find ridiculous and appalling. (Women tend to revert to their child behavior, ie., "boss of the world," especially when stressed).

So,... " Get ready, for your punishment. Get smart. Or, get and listen to your lawyer's instruction, despite your resentment at appearing to make further accomodations, to your wife's sensibilities.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/25/05, 10:58 am


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