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I go to trial for a wrongful order of protection against me. Do I need a lawyer? I make too much for pub. Asst. but no money.

Babylon, NY |

Ex has been on a campaign of a one sided war of attrition so no money. Can judge appoint one for me when my income doesn't qualify me?

Attorney Answers 3


  1. A family court judge will typically assign an attorney if your income is at 150% of federal poverty guidelines. Above that, you have to hire a lawyer.

    Hiring a lawyer is a strategic move. If there are children involved and the ex is using OPs to smear you in child custody court, then you better defend yourself fully. Also, if the OP is being used or is planned on being used by the ex for subsequent repeated arrests to steal your home and money, again you better defend yourself fully now.

    Family court wounds never heal. You must prevent them from happening and if you cannot, then you must fully litigate.

    Good luck.


  2. If you make too much, they won't appoint. Contact local attorney's and work out the best deal you can get. You definitely need an attorney!

    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  3. Of course you need a lawyer. Do you know what testimony is admissible or not admissible? Do you know how to cross-examine a witness? The list goes on and on.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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