Monday, July 14, 2014

Will judge drug test me at TRO order to show cause? i have history of drug use. It is an order to show cause hearing.

Q: wife has order of protection against me seeing my daughter, i have stopped using drugs for a couple weeks now but will still show up in system for a urine test. Her attorney has a statement that basically says that my wife still believes i have continued the use of drugs. what are the odds of the judge testing me at the order to show cause hearing.


A: There is certainly the possibility of being drug tested - in NYC & Westchester courts, they having testing facilities at the Family Court. Thus, be prepared for this possibility - and diluting will be considered the equivalent of a "positive test."  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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