Please advise**************.Order of Protection case

[law_ny1]

What is the name of your state? NY

Hi, forum:

I have an on-going Order of Protection case against a sibling. He is emotionally disturbed and for the sake of bringing the matter to a close, I offered to drop the case in two instances. 1)Outside the courtroom where I wanted an affidavit signed that he would, in writing, not contact me, and avoid me in public places - he refused. 2)Then, before the intake judge, I asked for a simple verbal statement on the record that he would not continue his unwanted harrassment, etc. Again, he before the judge refused. So, the matter goes forward, but this time he obtained a legal aid atty. Now, the atty is sending all sort of demands, such as witness lists, demand for particulars, etc. I have all this documented, and of course never thought it would get this far, but now the system is turning me into the victim! How much do I need to comply to these demands? What can I ask for in return?
Unfortunately, on the day of the incident, there were several witnesses at the scene, including the officer I approached to fill out a complaint. Not knowing I would end up in court, I have no witnesses, and finding it difficult to contact/subpoena the officer.
I simply wanted to go before the judge, offer my side of the story, and documentation, but of course the the lawyer thing makes me uncomfortable. I cannot afford the extra $$ for an atty myself, but salary prohibits obtaining a free one like him (he doesn't work or p/t) What advice would you give me on how to conduct/represent myself at the hearing, and what can I expect from this lawyer, as well as how much I need to comply (I mean how much of my legitimate case strategy do I have to reveal to the other side?) Can I get/submit a transcript of his testimony before the previous judge?TIA!

[Zephyr]

I don't believe you HAVE to give his lawyer anything unless he actually subpoenas you to provide the info.

since your brother now has a lawyer it would probably be a good idea for you to get one if at all possible. make sure you have every scrap of eveidence you can gather with you when you go to court. also if you filed any type of incident report with the officer on the scene, it should be very easy to find out who the officer is, make sure you have a copy of that report, his name should be on it.

what exactly was "the incident"? did you strike your brother? was the order of protection case already in progress at that time?

at all times during the court hearing you should conduct yourself in a calm and reasonable manner, also do not say anything derogatory about your brother, you can calmly what his behavior towards you has been and how that has impacted you and your life.

what is the issue facing the court? an assault charge on you? a no contact order against him? etc?

[You Are Guilty]

Originally Posted by WANNACRY

I don't believe you HAVE to give his lawyer anything unless he actually subpoenas you to provide the info.

Well, no, that's just flat out incorrect. You have an obligation to respond to the lawyer's demands, as well as to serve the lawyer with any demands of your own.


Being that this is your brother, I take it you are in Family Court?

[law_ny1]

thx for the replies. The case is against my brother. I brought the original case, b/c i didn't have him arrested at the scene, and when I filed the complaint, I was then told in order to pursue it, i'd have to go to family court. I wanted a legal protection against him, but the bureacracy is killing me. I'd have told him in plain english to go f@!K off (apologize), but b/c he really is emotionally deranged, this wouldn't do anything. He has sobered up in terms of the temporary order while this is going on, but if I fail to make it a permanent one, I fear he will start his stuff up again.

What can I demand from them that would help my case (for ex, what would an opposing atty ask for of the respondent)? I plan to present the NY State stalking laws in court as a reference for the action he has been committing.

I await your reply.

[Zephyr]

Can I get/submit a transcript of his testimony before the previous judge?TIA!

you can get the transcripts, it takes a while, and they are expensive, and then it would be entirely up to the judge if he wants to accept them in as evidence.

[Zephyr]

I plan to present the NY State stalking laws in court as a reference for the action he has been committing.

you may also want to research what constitutes harrassment in ny and see if the situation falls under those statutes as well.