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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Default No Contact Order Due to a False Accusation

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

    I got served with a no contact order from my fiancees ex girlfriend and the mother of his son. I just had court and the NCO was placed for 6 months and if I don't get arrested in the next 6 months it will all just dissapear which is fine and dandy except for I didn't do a thing to her and told my public defender that but she just wanted to take what the ADA offered.

    Basically this girl charged me origionally with calls to her threatening her and to kick her a$$ starting in 8-19-09 and ending 2-12-10 all of which is false and I showed up with proof going all the way back to 2-12-09 on both my cell phone records and house phone records...knowing she had no proof I had done any of that and still trying to be vindictive towards my fiancee she pulled the ADA out side and told her that she needed the NCO because I was making threats to her and his son which isn't true at all but like I said my public defender just wanted to be done with it and took and ADC? I believe thats what it was called.

    Basically my questions are 1) Can she just have me arrested again with out showing proof if she gets mad (and it will happen again because thats how she gets even with fiancee) and 2) Is there anyway to appeal this seens how she has no proof of anything and she changed her story when she realized she couldn't prove it. This whole thing worries me because she will try this again and last time she didn't have to prove anything and got me arrested but mostly because my ex husband has gaurdianship of my two sons and when he finds out he will use this against me to keep me from seeing my kids.

    Now to top it all off not only does fiancee have to figure out how he is going to pick up his son and drop him off I told him his son cannot be in the same house as me on those weekends because she will continue to lie to the courts about me talking crap to him about her.

  2. #2

    Default Re: No Contact Order.false Accusation

    Let's start at the beginning. What were you arrested for? If it had anything to do with her, that's probably enough for the restraining order.

    Restraining orders are issued by a judge, not by the ADA or the complainant. Regardless of what she told the ADA, the only things considered in issuing the order are what the judge hears in court. In cases where crimes are involved, judges can issue such orders even without a complainant asking for one (which is different than a civil NCO where an individual petitions the court asking for the order). Why didn't your public defender fight the order? Probably because no one knows the habits and policies of judges like public defenders do - they see more criminal cases than anyone else, all day, every day. Again, just the fact that police found probable cause to make an arrest was likely all the PD needed to know to understand that the order was gonna happen anyway.

    1) Can she just have me arrested again with out showing proof if she gets mad
    People don't have other people arrested. Police must have their own probable cause to believe that a crime has occurred and that the accused person was the one who did it. In your case, if the issue is violation of the court's order, she can call them every 5 minutes, but police independently need their own reasons to make an arrest (which could come in lots of different ways).


    last time she didn't have to prove anything and got me arrested
    Police found SOME probable cause to make the arrest. What is the status of the criminal charges against you?

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: No Contact Order.false Accusation

    ok she claimed that I made threatening phone calls to her and that was what the warrant was issued for...I read her paperwork and everything and the only thing on there was threatening phone calls. I proved to my public defender that I did not make any calls to her as I had all my phone records with me along with an email she sent me threating danger to me if I didn't do what she wanted me to do. And all of this is just based on what she told the police and nothing else because there is NO evidence that I have even talked to her on the phone at all since easter of last year which was a call I made on behalf of my fiancee as a surprise to him (to take him to see his son for easter I wanted to make sure it was ok with her before just showing up).

    As far as I know the only charges against me is the NCO which is in effect and I wanted to fight because I didn't do anything and the fact that this girl changed her story once she realized I had all the proof and she had nothing just goes to show she falsely accused me of harrassment.

    I was arrested for aggravated harrassment in the second degree btw and I went to jail 5 month pregnant and that is why I am asking what is stopping her from doing this again...I don't want to be in jail again for any reason especially for something I didn't do and especially when I am pregnant or after I have my baby and from my understanding if they arrest me for violating the NCO I will have to serve 15 or 18 days in jail.

    So I was issued a warrant for arrest based on what???? Her word is all they had so what is stopping it from happening again even though I have no contact with her and haven't had contact with her for a very long time? This is what concerns me.... can she have a warrant (weather she does it or not it was still issued because of her) issued for my arrest again on false accusations?

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