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

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?

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Attorney answers 3


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.

Morghan L Richardson

Morghan L Richardson


I would only note that even if the TOP from family court is not served on you, if you are stopped by the police it will show up -- this means if she calls the police and claims you violated the order, you will be arrested - even if you were never served! It will then be on you to fight the criminal case to show that you had no notice of the order!


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.


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 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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