Legal Question in Family Law in New York
protecting yourself against false acusations
my brother has been falsely accused of charges of shoving his wife and also his child whle the mother was holding the child .also she filed a false report with child services saying she is living in fear .she also went and got a temporty order of protection to control the child .my question is these charges are totally false and how can he protct himself from these charges being used against him later on down the road incase of a devorce. she has another child a little older and with another father and it seems she knows the system real well and shes very calculated but im not going to let my brother or my family be manipulated by her or the system
3 Answers from Attorneys
Re: protecting yourself against false acusations
It takes a lot of hard work to defeat false allegations of child abuse. It will be necessary for your brother to learn how to collect important evidence to protect himself - and he must act quickly for that evidence to be effective. This is not the kind of thing he can do without a lawyer!! It is impossible to respond to your inquiry with a short answer. A consultation is necessary to examine all of the facts and the evidence. If he is found guilty of these charges, he will have problems for the rest of his life.
Re: protecting yourself against false acusations
The fact pattern you described is very common. Often, a party will try to create such a false history of violence or abuse in contemplation of a divorce and/or child custody litigation. I have extensive experience on both sides of such cases and I have successfully disposed of fabricated charges. Although it is very easy to throw around accusations in order to open up a child welfare investigation or to file a family offense petition, it is not so easy to sustain them when competently challenged. Your brother can call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
Re: protecting yourself against false acusations
The first order of business is to remind your brother that he MUST not have any contact with his wife, or child, directly or indirectly, no matter what the wife says or does, during the pendency of this proceeding.
Second, it is imperative that He have a lawyer and that he and his lawyer mutually understand what must be done to defeat the charges.
Make certain that your brother obtains all of his personal belongings from the home....all papers, etc., REDIRECT HIS MAIL.... clothing etc., by using a police to assist him after a scheduled appointment to remove the items.
Always appear in court on time and be prepared and calm, each and every time he supposed to appear.
Patience and diligence are your best weapons.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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