Q: my ex has filed false reports against me to win a custody case. She filed a family offence petition in it it states that I argued with,swore at a police officer and drove away still yelling at the police officer without having a drivers licence. I never met the police officer,he never met me and I was 40 min away at the time she says this happened. Also I picked up the police narrative and spoke to the officer. No place in the police narrative does it say the police officer even spoke to me.Then after court last time she had me arrested for waiting on the side of the road for her then trying to run her off the road. It did not happen ! How do you prove it did not happen. Would the fact that she has a past of lying to Child protective services about me help ? I spent 8 months in jail because of her lye's and when I was released I asked for a hearing with Social Services . They concluded that I proved with great evidentiary weight I did not do the things she said. Is there any way to defend myself and press charges against her ? This kind of stuff has gone on for 10 years and it needs to stop !
A: David's Answer: In short, the way you "defend yourself" is at trial. Subpoena the police officer for trial. If all her allegations in the present petition consist of conduct directed towards the police, consider filing a pre-trial motion to dismiss, as I do not see how those allegations would amount to a crime against her. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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