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

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

Posted

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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Asker

Posted

ok, but will it be kept on the records or anywhere? Will immigration have access to this?

Posted

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.

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Asker

Posted

Ok, but when I accept it, won't it be possible to be used against me? I mean the things written on the petition are criminal. I never did them. If I accept the OP, am I not just accepting the fact that these written things are true?

David Ivan Bliven

David Ivan Bliven

Posted

Again, by accepting an order of protection, you are NOT admitting the allegations are true - and the Judge will not make a court finding that the things are true.

Asker

Posted

and no one can use this against me in the future. Even immigration?

David Ivan Bliven

David Ivan Bliven

Posted

A potential employer could, for instance, ask if you've ever had an order of protection or restraining order against you. Most such employers who ask that question are in the criminal justice field. As for immigration, it's best you direct that question to an immigration lawyer. * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

Posted

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 day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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Posted

So, you are saying that accepting it could prove to be a mistake since it could be used against me?

Posted

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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