Friday, October 17, 2014

NY Family court defending against an order of protection from Ex wife.

Q:  I am now pro se - removed former attorney after incompetence across 8 months. No funds for a new attorney, and make enough to not warrant public defender. We are mid trial with next date in three weeks. Her side has not rested. During the last session, cross examination of Ex wife regarding her petition items, my (now removed) lawyer failed to ask the questions that would greatly help my case (many inconsistancies in her filings that were not addressed by him). Being Pro se now, I would like another opportunity to raise these questions. Can I call her back on the stand for cross examination? What is the formal procedure for this? Can I call her as my witness when I present my defense? If so, do I need to notify the court in advance of her as a witness, or is her presence enough? Thx

A:  David's Answer:  You can possibly call her as a witness on your case, but unless you're well-versed in how to properly conduct a cross-examination, don't expect the Judge to cut you slack merely because you're not a lawyer. You may wish to look into credit sources and/or legal financing to afford a lawyer. At the least, it may behoove you to at least schedule a consult with a White Plains Family Law attorney.  -- David Bliven, Westchester Family Law attorney (

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