My husband file a false order of protection against me, I need help

Asked over 1 year ago - Brooklyn, NY

my legal husband at this moment I have not yet been served with divorce papers or a legal separation agreement has not been drafted. My husband has resorted to protection order abuse.. In the petition he says the following " I am getting emails how she wants my stuff out of her house, she threatens my girlfriend health I am concerned she will come to my house and impede on my health and lively hood. I just want to be left alone, she stressed me out so bad I had to go to a psychiatric hospital in April 2012"
First if all I have his medical records to prove he has PTSD. From the war. also I have text messages from his girl friend threatening me.
Also he plans to take her to the hearing mind you we are still legally married, will the court look at his claim to having a girlfriend adultery?

Attorney answers (5)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    3

    Lawyers agree

    Answered . The court does not take adultery serious, especially when parties are looking to seperate/divorce. You need your own attorney to advocate for you in Family Court where this petition is.

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Lawrence Allen Weinreich

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . The girlfriend will not be allowed in. Depending on what the text messages he has says he may get an order of protection. Any threats against the grilfriend will be dismissed as the court doesn't have jurisdiction between you and the girlfriend. You sould get a lawyer to help you.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
  3. Benjamin J Lieberman

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Get an attorney to assist you with the hearing. It's doubtful adultery will play any role in this matter.

  4. Rachel S. Silberstein

    Pro

    Contributor Level 11

    Answered . Honestly, if that's all the petition alleges it does not sound to me like the petition alleges a family offense. I would ask that the petition be dismissed for failure to allege a family offense at the return date.or you could get a lawyer to submit a motion to dismiss. Adultery has nothing to do with your Family Court case. You could file for divorce on this ground, but I recommend doing so on the grounds of irretrievable breakdown of relationship or you risk him contesting the grounds

  5. Henry Lebensbaum

    Contributor Level 20

    Answered . If he is relying on emails, get a court order for him to produce those emails.



    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
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