How can a person get a restraining order w/o proof?

Asked about 1 year ago - Ridgewood, NY

I got a restraining order against me, my family, friends, This person states that I was stalking her,reckless endangerment.I was no where near her house. What is reckless endangerment? How could this person get this restraining order w/o proof?

Attorney answers (3)

  1. Ralph Duthely

    Contributor Level 14

    7

    Lawyers agree

    Answered . Penal Law § 120.20
    A person is guilty of reckless endangerment in the second degree when
    he recklessly engages in conduct which creates a substantial risk of
    serious physical injury to another person.
    Reckless endangerment in the second degree is a class A misdemeanor.
    ________________________
    I assume this is a family court matter, since you didn't mention an arrest. When a person files for an OP in family court, if the allegations are sufficient, the court will give them a temporary OP. the court does not determine credibility at that point. The TOP has to be served on you with the Summons and Petition. Once you are served, the TOP becomes effective and you have to observe the conditions in the TOP. If you violate those terms, you are subject to arrest for a violation. Unfair? Maybe---since you haven't been found guilty of anything yet. When you go to court, you can begin to challenge the truth of the allegations. If they are not proven, the petition will be dismissed. If proven, the petitioner will be given a final order of protection. An FOP can be for between 1-2 years (usually); or, if "aggravating circumstances" are proven, up to 5 years. The court must specifically state in its findings what those aggravating circumstances are.

  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . She can make any allegation she wants and get an up front order. This does not mean she is able to prove her allegations. The up front order takes effect immediately upon service and can be used to arrest the subjects in the order.

    The Family Court Act Section 812 prohibited acts include recently enacted ones that are nutty. An argument between a man and a woman is now criminalized as harrassment. Pushing a person on a stair case is now reckless endangerment. Disorderly conduct includes making "unreasonable noise". We are supposed to be a kinder and gentler nation because of this.

    Please take this seriously. She can trigger your arrest at any time by calling police. The arrest is mandatory and the prosecution is no drop. Getting to a trial will take a year during which time she is free to trigger arrests again and again.

    Good luck.

  3. Eric Edward Rothstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . A person can usually get a temporary order just by signing an affidavit. The court will schedule a hearing. Earlier this year we won a hearing by proving the claimant was lying and the judge dismissed the case.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
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