Can you accept to be given an order of protection without admitting to anything?

Asked over 1 year ago - New York, NY

Family Court case. I didn't do anything. My ex has invented terrible stories about me on the petition. Can I just accept to give her a 6-month order of protection without admitting to anything, I don't want to see her anyways. However, when I accept to have an order of protection am I not also accepting what is written on the petition?! Therefore can I get in trouble, since I would admit to some horrible things, even though I didn't do them?

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    7

    Lawyers agree

    Answered . Yes you can..... the period may be more than 6 months though.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Thomas J Callahan

    Contributor Level 18

    7

    Lawyers agree

    Answered . I would strongly consider not agreeing to it. A violation could occur inadvertently, and then you have even more trouble. Weigh it all very carefully.

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a... more
  3. David Ivan Bliven

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You may consent to an order of protection with no finding of wrongdoing - meaning there would be no finding by the Judge that you did any of the things she said you did. The terms of a consent order generally range between 6 months - 2 years (with the average being 1 year). In any event, I encourage you to schedule a follow-up consultation with a NYC Domestic Violence attorney.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.
  4. Morghan L Richardson

    Pro

    Contributor Level 13

    Answered . You have two choices: consent to the order without a finding (meaning there is no finding of fact that the allegations are true) or fight the order and have a trial. If you have a trial and lose, then there will be an order and a finding of fact supporting it (which may not matter to you depending on any other legal issues you have, such as child custody). For a more detailed conversation about your options you should see a lawyer.

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