People v. S.B. (Macedon Tn. Ct., 10/23/18)

Mr. Corletta obtained another favorable disposition for a so-called “Domestic Violence” client in People v. S.B. (Macedon Tn. Ct., 10/23/18). This disposition was obtained in rural pro-police Wayne County before an ex-Police Officer Town Justice.

          In this case, the client was charged with Endangering the Welfare of a Child and Harassment for having an argument with a significant other, in front of the significant other's children, which the client supported although not biologically related to them. There was no physical violence whatsoever.

          The significant other, savvy in Court matters, due to problems in previous relationships, contacted police and immediately obtained an ex parte Order of Protection against the client, who was the “meal ticket” for the non-biological children.

          Mr. Corletta counseled the client regarding this untenable living situation and attacked the Information charging Endangering the Welfare of a Child by filing a formal written Motion to Dismiss. Once the matter got to Court, the District Attorney agreed with Mr. Corletta, dismissing the Endangering the Welfare of a Child charge, and agreed to an ACD with a minor counseling provision on the Harassment charge.

          As a result, there was no further Order of Protection, and Mr. Corletta’s client achieved a degree of independence, without an Order of Protection being held over the client, and used as leverage every time there was an argument. Once again, as noted in previous articles, this is an improper use of an Order of Protection by a significant other, spouse, etc., and used to obtain leverage in the relationship.

          In this case however, there was no such leverage because the children were not biologically related to Mr. Corletta’s client. Therefore, Mr. Corletta advised his client to attack the Order of Protection and take a strong position. Magically, the Order of Protection was eliminated, as the significant other faced a possible loss of support.

          Mr. Corletta counseled his client to get away from this relationship, as it did not have any upside for the client.