Although it could appear politically incorrect, if you find yourself accused of against the law…political correctness doesn’t imply squat. As an alternative, info, proof, and the legislation is what issues. With that in thoughts, Saland Legislation is happy to share {that a} latest consumer not solely prevented a Home Violence arrest after his ex-girlfriend falsely made a felony criticism, however that she additionally withdrew her Article 8 Household Courtroom Order of Safety petition towards him after we filed a movement to dismiss and made it clear that we might be drafting our personal petition backed up with precise proof to set the document straight.
No cheap nor rational particular person might argue that Home Violence is just not a really actual difficulty and concern, particularly for precise abuse victims. Nonetheless, whether or not one needs to listen to it or not, there are ample occasions when an accused has dedicated no crime nor violated the Household Courtroom Act in any approach, form or type however felony complaints are made, and Household Courtroom Article 8 petitions are filed. Sadly, folks accused of Home Violence offenses are routinely presumed responsible versus harmless even when the proof towards them is weak, not credible, and at occasions non-existent. Bear in mind, as a sensible matter, the NYPD and different cops will arrest first and [not even] ask questions later on account of coverage and legislation.
Whereas there are reliable causes to arrest and difficulty Orders of Safety earlier than deciphering what transpired, many individuals is perhaps shocked how usually the system is weaponized. Attributable to necessary arrest insurance policies and legal guidelines, together with ex-parte functions for Orders of Safety in Household Courtroom the place petitioners are capable of make uncontested allegations and a court docket follows an ordinary of a preponderance of the proof, many defendants/respondents discover themselves locked out of their properties, separated from their youngsters or household, jobs in jeopardy, and shouldering a presumption of something however innocence. Once more, political correctness and recognizing the necessity to defend victims apart, till you or a liked one end up on the receiving finish of a false declare, you probably can not recognize the gravity of such an accusation.
Now that I’ve pontificated lots and climbed down from my cleaning soap field, albeit not a giant one, the above state of affairs is what lately occurred to a consumer accused by his ex-girlfriend of harassing her. Whereas the info and particulars are an excessive amount of and pretty uneventful to share right here, suffice to say that after a lot backwards and forwards with the detective concerning the proof, allegation and expenses, the detective agreed to not drop an “I-Card” on our consumer nor arrest him. Taking the matter a step additional, in response to the identical complainant’s dishonest petition, we filed a powerful movement to dismiss and alluded to the precise info and proof that may be forthcoming by the use of our consumer’s personal petition. My consumer’s petition wouldn’t merely name into query the petitioner’s assertions however make her topic to our consumer’s Order of Safety as nicely.
Finally, at our first look in Household Courtroom, the petitioner withdrew her criticism towards our consumer and with all of it allegations of any wrongdoing towards him. A victory for our consumer? Completely. Did it include emotional prices and disrupt his life unjustly with nervousness and horrible stress? Sadly, and unnecessarily, sure, even when the entire charade would have been pointless if legislation and coverage present actual alternatives for an accused to exonerate, defend, and vindicate him or herself far earlier in respective authorized course of.
To be taught extra about New York Home Violence crimes, legal guidelines, insurance policies and defenses, in addition to Household Courtroom Article 8 petitions for Orders of Safety, observe the related hyperlinks.
Saland Legislation is a felony protection and Household Courtroom legislation agency representing shoppers in Home Violence arrests, investigations, indictments and trials and Article 8 proceedings as each petitioners and respondents all through the New York Metropolis space.