Brooklyn, NY asked in Domestic Violence, Divorce and Family Law for New York

Q: How do I defend myself against my wife who wants an order of protection over false claims?

My estranged wife who I havent had contact with in or seen in a year filed an order of protection against me. She is using random text messages from june 2018 i sent her. They were pretty hard but we were arguing and it was out of anger. She also accused me of threatning her and her family with an unlicensed firearm which never happen. She never filed a police report and everything shes accusing me of is exaggerated and happened a year ago. She is doing this because I didnt agree to help her get a green card. I wasnt aware of this until after we got married. We do not have kids and we never lived in the same household.

3 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: Unfortunately, there is nothing you can do except have a trial and allow the judge to decide who is more credible about the allegations.

John Anthony Pappalardo
John Anthony Pappalardo
Answered
  • Domestic Violence Lawyer
  • White Plains, NY
  • Licensed in New York

A: You need a competent attorney to ferret out all the facts

Kristen Epifania
Kristen Epifania
Answered
  • Domestic Violence Lawyer
  • New York, NY
  • Licensed in New York

A: If she has already filed a petition for an order of protection, you will have to appear in family court. You should speak with an attorney to go over the specifics of your case, including the issue of her green card, as that can certainly go to her credibility. If you still have the messages she's referring to, it would be helpful to go over those with an attorney as well.

1 user found this answer helpful

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