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  1. #1
    Join Date
    Mar 2010
    Location
    Brooklyn, NY
    Posts
    1

    Default False Accusations and Arrest

    My question involves false accusations and restraining orders in the State of: New York

    A few months ago I caught my wife cheating with another man and immediately filed for a divorce. Shortly after I sent her the notice for divorce, I was called in by the NYPD to be served with an order of protection issued on behalf of my wife making wild and false accusations against me.

    I was also arrested because she filed a criminal complaint against me based on the false information listed in the order of protection. When I was arrested, the NYPD notified my place of employment, and spoke to all my supervisors. As a result, I now have to pay legal fees to defend myself in criminal court and family court.

    If I am found not guilty of these accusations can I file a civil suit against my wife for this and recover any damages?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,278

    Default Re: False Accusations and Arrest

    Being found not guilty does not equate to her having deliberately and/or maliciously filed a false report.

    You need to speak with an attorney.

    (and I have no idea what the pregnancy has to do with anything....other than, you're about to perhaps become the legal daddy to a child.....)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3

    Default Re: False Accusations and Arrest

    In many courts, restraining orders are handed out like candy - some judges will issue them if they just hear the word "they yelled at me" or "I was afraid"; others actually want there to have been documented incidents that would cause a reasonable person to have that fear, and to have the request for the order come shortly thereafter (judges tend to scoff at someone being afraid if they've waited a year before asking for help). Some judges will issue an emergency (short term) order relatively easily, but will require higher, even much higher, standards before issuing the regular standing order. Was your order the temp one, or had you already been to a hearing?

    What is more concerning is that there was an arrest that took place. Are you saying that when she filed the RO complaint, that you were accused of committing a criminal act, and that police arrested you for that act at the same time they served the order? Or was the order issued, and you were LATER arrested? I just want to clarify if you were arrested for a violation of the order, or for some crime that she says happened that caused her to seek the order in the first place. Exactly what statute(s) are you being charged under?

    Dogma is right, in and of itself a not guilty verdict means nothing other than the state wasn't able to present sufficient evidence to garner a conviction. Not guilty isn't the same as "didn't do it" (just ask O.J.). The initial burden of probable cause to make the arrest falls on police - and while it's a pretty low standard, police must have had SOMETHING to go on OTHER than just her saying that you violated the order. Knowing what that something was will be the key to your case as far as the criminal defense side goes.

    You can certainly file a civil suit, regardless of the outcome of the criminal case, but you'd better (a) have MORE to base it on than a not guilty finding alone, and (b) she'd better have something WORTH you chasing her in court over (if she doesn't have the cash to pay a settlement willingly, you could spend years and thousands of dollars chasing any possible award you'd win).
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  4. #4

    Default Re: False Accusations and Arrest

    I'd run for the hills. In NYS when there is an OPP in effect it is a automatic arrest law if you violate the order. Plain and simple the person with the order can say you said "boo" on the corner and poof you are arrested. They can file a false complain and a warrant will be issued. I was falsely arrested five times for violation of OPP (I was not even there at the time of the reported complaint). It was retailiation for entering a domestic violence shelter with my children. I had to keep a daily record of where I went. Kept metro cards. placed myself in front of cameras and hoping one day this person would get caught filing false report. It took a year for this person to get desparate and made final error. I was able to prove false reporting. Hand delivered it to the ADA and his order was taken away. So my advice is disappear to another state where this person can't file any false reports against you. You can challenge an order of protection. You have to contest it and it will go to trial. She will have to have the burden of proof.

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