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False Orders of Protect New York

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  • False Orders of Protect New York

    I have a question. I had an order of protect issued against me by my ex-wife back in May. This was prompted because I scolded my son who was not there when I came to pick him up on My scheduled night. Because of this, I had my rights as a parent taken away and was unable to see my son for 6 weeks until we went to court and the judge alowed me to see him.

    In addition, I was arrested for violating this order. The order was issued on may 28th. I was arrested on may 29th after calling to see how my son was doing. The problem is that Niagara County Family Court did NOT serve me this order and I was unaware of its existance. I served MYSELF the day after I was arrested by going to the court house to get the papers. I recieved the serving the following day in the mail!!

    Now for starters, my attorney and my sons law guardian both agree that the order of protect that she put in place is a load of crap. She listed things in her complaint such as " he didnt bring son home for mothers day" which is a lie. He was home at noon, 6 1/2 hours early for mothers day. She also claimed that I told him he would wish he was never born which, I guess prompted the order. I DID use those words to my son but what was not heard by the mother who was listening in was everything before and after those words. I scolded my son for doing things that would have a devastating effect on his safety such as not looking when entering the street on his bicycle and his constant dissappearance without me knowing where he was. I used the words "if you keep doing what you are doing, then you will regret the day you were born when you wind up paralyzed in the hospital or, God forbid, dead from being hit by a car." My son even acknowledged to me that he understood why that was said to him! Both my attorney and the law guardian agree that the order was unfounded....

    Now I am being told that there is nothing I can do in this matter. I was done wrong by the court system for serving me in the mail and not immediately serving me. I was done wrong by the police agency that arrested me for not checking to see if I had been served. There was NO signed reciept with my name on it when they arrested me. And most importantly, I had my rights taken away in regards to my son on a pack of lies and incorrect information.

    does anyone have any suggestions as to what I can do in this regard. I want to go for custody of my son and I want some of the damage done to me reversed, such as the thousands I have forked out in attorneys fees battleing the BS....Please any suggestions....