How do I prove a fake ex parte order of protection filed against me from my daughters ex-boyfriend?

Asked about 5 years ago - Depew, NY

My daughter has 2 kids and they all live with me in my girlfriends house. My daughter's ex-boyfriend just recently filed a fake ex parte order of protection against me. I am currently court ordered to pick up my granddaughter because my daughter does not have her license. I have done nothing wrong and the allegations are that i threatened him and used derogotory words. I did no such thing. When I was served with the order of protection, they seized all of my girlfriends legal weapons. I am getting an attorney, I have an appointment next week. Do you have any thing you can tell me that will help this case?

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . Remain calm during the hearing no matter what garbage he says. Listen to the instructions from your attorney. I doubt the other side can prove the allegations and you should have the order invalidated. Judges do not like to hear that their orders are "fake." They prefer to be told that there is not valid factual reason for issuing the order. Keep in mind the court gives the other side the benefit of the doubt until it is shown in a court of law that there is no basis for it. Good luck.
    The questioner might find some of my legal guides helpful:
    My legal guides on law in general and about attorneys
    An Introduction to Legal Terms used in Litigation
    How the Public Views Lawyers and How Movies and TV Shape their Views,
    • Is it Legal? Is it Illegal?
    • How to Select and Hire a Lawyer
    • Understanding the Different Court Systems
    • Limits on a Lawyer's License: What the Attorney Can and Cannot Do

    My legal guides on New York
    • New York City: A Guide to the Courts

    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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