Brooklyn, NY asked in Criminal Law and Family Law for New York

Q: Can THEY put me in jail ?

I have five children and a husband.. and last week my husband put a restriction order against me I didn't know that..my older daughter and son They testified against me along with my husband..My daughter is 15 years old and she hates me because I don't want her drug addict boyfriend...and my son hates me because I told him to eat healthy, to follow his diet, and that he would become obese. Anway, they are both teenagers.so they dont like me bcs I am responsible mom..My daughter says that I tried to kill her by strangling her 6 months ago. It's a complete lie, and my son is giving false witness to this too.Anyway, I have never been arrested in my life. I have never committed a crime. But I unknowingly broke the restraining order.my husband lied to me again.Will the judge believe my daughter?Will they put me in jail for something I didn't do?I have never committed a crime in my life. I am a simple Greek immigrant woman who knows nothing and has always trusted her husband.

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4 Lawyer Answers
Howard E. Knispel
PREMIUM
Answered

A: Without knowing the details of how you violated the order it is difficult to say what the penalty would be but incarceration is rare. You should confer with an attorney.

A: Given the circumstances and your clean record it is unlikely that you will face Jail. Hire a good criminal lawyer. This case seems to cry out for what in New York is an ACD Adjournment in Contemplation of Dismissal. It may require a mental health assessment but a Good criminal Lawyer can guide you through the process. The six month delay and no police report will call her credibility into question. Hire an experienced criminal Lawyer to resolve this complicated Family matter which has spun into a criminal proceeding. Michael J Stachowski

Norka M. Schell agrees with this answer

Stephen Bilkis
PREMIUM
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Answered

A: I'm sorry to hear about the difficult situation you're facing. Navigating legal matters involving restraining orders and allegations of domestic violence can be incredibly stressful. The information provided below aims to help you understand your rights and options.

In New York, violating an order of protection (commonly known as a restraining order) is a serious matter that can result in criminal charges and potential jail time. For the order to be enforceable against you, you must have been properly served or have actual knowledge of its existence. If you were unaware of the restraining order because you were not served or notified, this lack of knowledge could be significant in your defense. The prosecution would need to prove that you knowingly violated the order.

Your daughter's accusation that you attempted to strangle her is a serious allegation that could lead to criminal charges such as assault or strangulation under New York Penal Law. The court will consider all evidence presented, including testimonies from your daughter, son, and husband, as well as any evidence you provide to support your innocence. The judge will assess the credibility of all witnesses and examine factors like the consistency of testimonies, potential motives to fabricate, and any physical evidence such as medical records or photographs.

If you are convicted of violating an order of protection or assaulting your daughter, there is a possibility of jail time, especially given the serious nature of the allegations.

It is important to take immediate action to protect your rights. Consult an experienced criminal defense attorney who specializes in domestic violence cases in New York. An attorney can help you understand the charges, represent you in court, and work to protect your rights. Gather any evidence that supports your version of events, such as text messages, emails, or witness statements from people who can attest to your character and the relationships within your family. Document any instances that may demonstrate a motive for false accusations.

If there is an active restraining order, refrain from contacting your husband or children. Violating the restraining order, even unintentionally, can lead to additional charges. Make sure to attend all scheduled court dates, as failure to appear can result in a warrant for your arrest and negatively impact your case. If English is not your first language, request a court interpreter to ensure you fully understand the proceedings. Cultural considerations may also be important in explaining family dynamics to the court.

While the situation is serious, understanding your rights and the legal process can help you navigate this challenging time. Legal representation is critical to present your case effectively and to challenge any false allegations made against you.

Disclaimer: This response provides general information based on New York law and is not legal advice. For advice regarding your specific situation, please consult a qualified attorney licensed in New York.

A: Socialism in Greece has often encompassed concepts such as anti-establishment, gender equality, communism and social progressivism. Socialism in the United States followed an Obama concept characterized by a federal father guiding and leading his citizen children. Dad will take care of all the details and the children just need to follow rules.

One major federal family rule is there shall be no violence in the home or a socialist-inspired legal process will follow. This process causes immediate relief for the victims in the form of orders of protection followed by a prosecution of the perpetrator. The judge's hands are tied to the federal family violence money and the case goes on for a while. No one asks the perpetrator for her side of the story because the Obama philosophy cannot envision that a victim is in error. No victim lies and no victim can ever be punished for lying because no victim should be inhibited from reporting violence.

This cockamamie scheme violates everything the U.S. Constitution stands for. The Bill of Rights clearly spells out the limitations on government for the prosecution of crimes. Improper voting brings in politicians like Obama who do not recognize individual citizens as being capable of dealing with their daily affairs. The government must take away citizen authority and place it in a ruling elite that knows everything and can do everything.

The asker must treat her legal process extremely seriously. She must retain legal counsel to blunt the trust of the family, and in the future perhaps depart her family.

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