my girlfriend filed and order of protection and pressed charges against me. Got arrested for it and was released upon bail. I know I have to look for an attorney but was wondering was kind of evidence I can present to help win my case. My girlfriend had a drinking problem and when she would over do it she wanted to argue or hit me I did record several arguments. I never left because we have a 3 year old together and was scare of his safety.
Divorce / Separation Lawyer
The "evidence" is usually testimony. Unless you have video of the incident in question, or photographs, or some tangible thing (like a thing she threw at you) it pretty much oils down to testimony.
Don't worry so much about physical evidence -- OP cases are almost always limited to testimony, only. The more important consideration is timing. Don't wait out the 21 days stated in the OP. Talk with a lawyer about how to respond to your OP so you can get in front of a judge sooner. You'll also want to talk about your judge and ways you may be able to change judges.
You've got a lot going on, here -- you need to talk with an attorney, today.
Defending against the false charges underlying the Order of Protection is important . . . ut so is defending your 3 y.o. from the situation threatening his safety. If the O.P. is granted, it will likely torpedo any hopes you may have of pressing a custody case for the child.
Talk with an attorney, today.
Questions? Call -- 312-987-9999 -- no charge, no obligation Matrimonial / Family Law free consultation.
Divorce / Separation Lawyer
Your "evidence" are the testimony and possible documents you might have to defend yourself. You need an attorney.
As for your fear for your daughter, if you are legally the father (meaning you signed the VAP or you were deemed to be the father in court) then file for custody and get our with her.
For both matters - you need legal representation. Fortunately, there are many good lawyers in your area.
I agree with the other lawyers. You need to hire a lawyer with background in defending orders of protection. Stay away from her so this does not get worse. You also need a lawyer for the custody/paternity case.
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