Legal Question in Family Law in New York

After an argument, my ex girlfriend went to the police and told them I had pushed her with our 2 year old son in my arms. They arrested me at my home, charged me with harassment and endangering the welfare of a child, and put an order of protection against me for both my ex and my son. We had a mutual friend living with us at the time who was in fact holding my son in the next room while my ex and I argued. He witnessed the event and tried giving a statement to the police but they would not take one. I have not seen my son in over a month, and now CPS is bringing a case against me. Neither the police nor CPS will take a statement from him, the only witness, which proves the accusations are false. How can I get his statement taken or his testimony entered in to evidence? All I want is to clear my name of the endangering the welfare of a child so that I may get the order of protection lifted against me for my son.

Asked on 11/18/12, 11:54 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

At this time you should be speaking to your criminal attorney. Or, if you cannot afford an attorney, the legal aid attorney appointed on your behalf. That attorney will be obtaining your friend's statement. You should not do it since you are an interested party.


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Answered on 11/19/12, 4:54 am
Kristen Browde Browde Law, P.C.

Mr. Markowitz is correct. The only way to resolve this is to move quickly to fact finding/trial.

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Answered on 11/19/12, 6:26 am
Jordan Trager Wisselman, Harounian & Associates, P.C.

You need to hire an attorney. You cannot do this on your own.

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Answered on 11/19/12, 7:01 am

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