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Challenging Unfair Orders of Protection

father's rights attorney Long IslandA woman can simply go into court, make a presentation, and under certain circumstances, obtain an Order of Protection against you. You may find out about the Order of Protection when you get served by a sheriff with the order. So, what do you do? What you shouldn’t do, is violate the terms of that Order of Protection. Even if you feel it is based on false, inaccurate, or even made up allegations, you would be committing a criminal act if you were to violate an Order of Protection.

Taking Quick Action

Temporary Orders of Protection can be set aside if quick legal action is taken. In the event the accusations made against you are untrue, or there is insufficient evidence to support the allegations, you can be successful in setting aside Orders of Protection. In certain circumstances you may be able to show you were not even present when the alleged event took place. Alibi witnesses can be utilized in these situations to convince the court you were not involved in the alleged incident.

You can also show the court the purpose of the Orders of Protection did not relate to the individual taking the order out against you fearing for her life, health, or well being. You may be able to show the other party’s application for the Order of Protection was part of a legal strategy involved in either a custody or divorce case. Sometimes, Orders of Protection are preliminarily taken out to get a step up on the other individual in these types of proceedings.

Fighting Orders of Protection

The best way to fight an Order of Protection is to hire a qualified, experienced attorney who handles divorce and family law cases. Attorneys who do this type of legal work are generally familiar with litigating issues involving Orders of Protection. At the time you interview a prospective attorney regarding an Order of Protection, you should discuss with him or her the level of experience they have in handling these types of proceedings.

Order of Protection proceedings can be brought either in the Family Court or in the Supreme Court during the course of a marital dispute. The sooner you contact a qualified Order of Protection defense lawyer, the more likely you will be able to succeed in getting it dismissed. father's rights advocate in New York

Appeals Court Upholds Ruling That Wife Pay Husband’s Legal Fees In Divorce Case

father's rights attorneys in Metropolitan New YorkThe Appellate Division of the First Department, an appeals court, recently affirmed a lower court’s ruling in a divorce lawsuit which ordered the wife to pay $750,000 into an escrow account to cover her husband’s legal fees in their divorce lawsuit. In addition, the appellate court also upheld the lower court’s ruling fining the wife $15,000 for frivolous conduct with regard to filing a jurisdictional challenge to the authority of the courts in New York more than two and a half years after the litigation started.

Lower Court’s Decision

The lower court had found the defendant wife, Guni Murjani, had “unnecessarily delayed discovery and removed the parties’ art collection.” In addition, the court found she had “controlled the parties’ liquid assets.” As a result of these actions, the lower court found she should sell or take other action with regard to her property to fund the husband’s $750,000 legal fees. The court also found the wife should be enjoined (stopped) from taking further action with regard to a suit filed in Bombay, India, which was designed to block her husband’s divorce action in the State of New York.

Channel Islands Trust

The husband and wife were the beneficiaries a Channel Islands Trust. This trust had value of between 40 and 60 million dollars. It had been established by Mohan Murjani, a Hong Kong garment industry entrepreneur. The proceeds of this trust were the principal source of income for the family. Unfortunately, Channel Islands laws keep secret all information regarding trusts. As part of the lower court decision, Judge Drager ordered Guni Murjani to ask the Royal Courts in the Channel Islands make the files concerning the trusts available to the judge.

divorce lawyer on Long IslandElliot S. Schlissel is a divorce lawyer representing clients throughout the Metropolitan New York area.

Wife Awarded Temporary Attorney’s Fees

To watch today’s video blog, please click on the following link:

Elliot Schlissel is a father’s rights attorney.  He can be reached by telephone at 516-561-6645 or 718-350-2802.  He can also be contacted by email to schlissel.law@att.net.

Husband Ordered to Pay Wife’s Legal Fees

To watch today’s video blog, please click on the link below:

Elliot S. Schlissel is a father’s rights attorney.  He can be reached at 516-561-6645 or 718-350-2802.  He can also be reached by email to schlissel.law@att.net.