New York Criminal Lawyer Blog
Though it may seem politically incorrect, when you are accused of a crime…political correctness doesn’t mean squat. Instead, facts, evidence, and the law is what matters. With that in mind, Saland Law is pleased to share that a recent client not only avoided a Domestic Violence arrest after his ex-girlfriend falsely made a criminal complaint, but that she also withdrew her Article 8 Family Court Order of Protection petition against him after we filed a motion to dismiss and made it clear that we would be drafting our own petition backed up with actual evidence to set the record straight.
No reasonable nor rational person could argue that Domestic Violence is not a very real issue and concern, especially for actual abuse victims. However, whether one wants to hear it or not, there are ample times when an accused has committed no crime nor violated the Family Court Act in any way, shape or form but criminal complaints are made, and Family Court Article 8 petitions are filed. Unfortunately, people accused of Domestic Violence offenses are routinely presumed guilty as opposed to innocent even when the evidence against them is weak, not credible, and at times non-existent. Remember, as a practical matter, the NYPD and other police officers will arrest first and [not even] ask questions later due to policy and law.
While there are legitimate reasons to arrest and issue Orders of Protection before deciphering what transpired, many people might be surprised how often the system is weaponized. Due to mandatory arrest policies and laws, along with ex-parte applications for Orders of Protection in Family Court where petitioners are able to make uncontested allegations and a court follows a standard of a preponderance of the evidence, many defendants/respondents find themselves locked out of their homes, separated from their children or family, jobs in jeopardy, and shouldering a presumption of anything but innocence. Again, political correctness and recognizing the need to protect victims aside, until you or a loved one find yourself on the receiving end of a false claim, you likely cannot appreciate the gravity of such an accusation.
Now that I have pontificated plenty and climbed down from my soap box, albeit not a big one, the above scenario is what recently happened to a client accused by his ex-girlfriend of harassing her. While the facts and details are too much and fairly uneventful to share here, suffice to say that after much back and forth with the detective regarding the evidence, allegation and charges, the detective agreed not to drop an “I-Card” on our client nor arrest him. Taking the matter a step further, in response to the same complainant’s dishonest petition, we filed a strong motion to dismiss and alluded to the actual facts and evidence that would be forthcoming by way of our client’s own petition. My client’s petition would not merely call into question the petitioner’s assertions but make her subject to our client’s Order of Protection as well.
Ultimately, at our first appearance in Family Court, the petitioner withdrew her complaint against our client and with it all allegations of any wrongdoing against him. A victory for our client? Absolutely. Did it come with emotional costs and disrupt his life unjustly with anxiety and terrible stress? Sadly, and unnecessarily, yes, even if the whole charade would have been unnecessary if law and policy provide real opportunities for an accused to exonerate, protect, and vindicate him or herself far earlier in respective legal process.
To learn more about New York Domestic Violence crimes, laws, policies and defenses, as well as Family Court Article 8 petitions for Orders of Protection, follow the associated links.
Saland Law is a criminal defense and Family Court law firm representing clients in Domestic Violence arrests, investigations, indictments and trials and Article 8 proceedings as both petitioners and respondents throughout the New York City area.