Q: So I have been accused of going to the house of a person who has an order of protection against me. However, I never went to the house or do I even drive close to it because I don't want to get accused of getting close. My ex girlfriends new boyfriend completed a witness statement saying I was walking up the driveway and said words to him. I did not leave my house that day at all but live by myself. How do I prove that I was at home? The whole story is a fabrication and even my Public Defender does not believe me. Please help.
A: David's Answer: If you had a cell phone, consider a subpoena to the cell phone company for the GPS records for your phone (all such phones have internal GPS mechanisms). If there is one common route between your house & the other house, consider a subpoena for traffic cameras or security cameras which may be positioned along the route. Speak to an 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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