Matter of B.J. v. S.A. (Ontario Co. Family Ct., 9/6/18)

Mr. Corletta quickly knocked out a questionable Family Court Order of Protection Violation Petition, that could have resulted in an extension of a one year No Contact Order of Protection, in Matter of B.J. v. S.A. (Ontario Co. Family Ct., 9/6/18)

    Mr. Corletta encountered a situation in ordinarily conservative Ontario County where his client was facing a possible extension of an Order of Protection based primarily on vague and unsubstantiated hearsay allegations, and unauthenticated claims of electronic contact through an “app.” No specific, non-conclusory allegations were made.

    There was no allegation of an outright violation; nor was there any allegation of any direct contact. 

    Retained just before the first Court appearance and having to move quickly, Mr. Corletta prepared a written Motion to Dismiss, and also orally moved to dismiss the Petition at the first appearance. Petitioner, who was apparently used to being granted Orders of Protection for the asking, declined both counsel and time to respond in writing. That was a mistake born of lack of knowledge of the law. The Court, after reviewing the Motion and hearing Mr. Corletta, granted the Motion and dismissed the Petition.

    Therefore, Mr. Corletta’s client avoided an extension of the Order of Protection and a costly Hearing to investigate conclusory claims. Further, the client was able to achieve freedom from a vindictive ex-partner without having to make further time consuming and costly Court appearance. The client was extremely grateful for Mr. Corletta’s swift and decisive action.