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Matter of S.A. v. J.F. (Monroe County Family Court, 1/25/18) Mr. Corletta demonstrated, in a Family Court family offense case, that Orders of Protection are not available merely for the asking, in Matter of S.A. v. J.F. (Monroe County Family Court, 1/25/18). Appearing before a Family Court Referee; formerly a Family Court Judge for over a decade, Mr. Corletta moved to dismiss a so-called “Family Offense” Petition brought by an adult child against a parent on grounds the allegations of Harassment were so weak and so petty that they did not constitute family offenses, but merely arguments and disputes. Citing caselaw applicable to criminal cases, Mr. Corletta demonstrated the allegations were so weak they did not justify a Hearing, or an Order of Protection against his client. There was little opposition from Petitioner’s attorney because Mr. Corletta’s cases were on point. As a result, his client was saved considerable embarrassment and expense by having the Petition dismissed; and the Order of Protection, which is a mark on anyone's record, vacated. The case represented a rare victory in Family Court, where Order of Protection are routinely granted to disgruntled family members for reasons often falling far below why an Order of Protection should be granted; i.e. for prevention of domestic violence. The case was also accompanied by a pathetic social media rant by Petitioner against the parent, which only further showed Petitioner's animus against the parent. Cases are not tried and won on Facebook. Real proof is still required. Fortunately, this Referee, a seasoned former judge, recognized this.

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