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Although it could appear politically incorrect, if you end up accused of a criminal offense…political correctness doesn’t imply squat. As an alternative, details, proof, and the legislation is what issues. With that in thoughts, Saland Regulation is happy to share {that a} latest shopper not solely prevented a Home Violence arrest after his ex-girlfriend falsely made a legal grievance, however that she additionally withdrew her Article 8 Household Courtroom Order of Safety petition in opposition to 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 file straight.
No cheap nor rational individual may argue that Home Violence shouldn’t be 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 instances when an accused has dedicated no crime nor violated the Household Courtroom Act in any approach, form or type however legal complaints are made, and Household Courtroom Article 8 petitions are filed. Sadly, individuals accused of Home Violence offenses are routinely presumed responsible versus harmless even when the proof in opposition to them is weak, not credible, and at instances non-existent. Keep in mind, as a sensible matter, the NYPD and different cops will arrest first and [not even] ask questions later as a consequence of coverage and legislation.
Whereas there are authentic causes to arrest and difficulty Orders of Safety earlier than deciphering what transpired, many individuals is perhaps stunned how usually the system is weaponized. As a consequence of necessary arrest insurance policies and legal guidelines, together with ex-parte functions for Orders of Safety in Household Courtroom the place petitioners are in a position to make uncontested allegations and a court docket follows a typical of a preponderance of the proof, many defendants/respondents discover themselves locked out of their houses, separated from their kids or household, jobs in jeopardy, and shouldering a presumption of something however innocence. Once more, political correctness and recognizing the necessity to shield victims apart, till you or a cherished one end up on the receiving finish of a false declare, you seemingly can’t admire the gravity of such an accusation.
Now that I’ve pontificated a lot and climbed down from my cleaning soap field, albeit not a giant one, the above state of affairs is what lately occurred to a shopper accused by his ex-girlfriend of harassing her. Whereas the details 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 shopper 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 details and proof that will be forthcoming by the use of our shopper’s personal petition. My shopper’s petition wouldn’t merely name into query the petitioner’s assertions however make her topic to our shopper’s Order of Safety as nicely.
Finally, at our first look in Household Courtroom, the petitioner withdrew her grievance in opposition to our shopper and with all of it allegations of any wrongdoing in opposition to him. A victory for our shopper? Completely. Did it include emotional prices and disrupt his life unjustly with anxiousness 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, shield, 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 Regulation is a legal protection and Household Courtroom legislation agency representing purchasers in Home Violence arrests, investigations, indictments and trials and Article 8 proceedings as each petitioners and respondents all through the New York Metropolis space.
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