Rochester, New York
16 W Main Street, Suite 204
Rochester, NY 14614
(585) 546-5072
With 34 years of legal victories under his belt and countless satisfied clients behind him, Thomas A. Corletta, Attorney & Counselor at Law comes highly recommended.

Case Review: People v. Anonymous (Town Ct. 9/20) September 11, 2020

Rochester, Monroe
Case Review:  People v. Anonymous (Town Ct. 9/20), Rochester, New York

MR. CORLETTA FAVORABLY RESOLVES STILL ANOTHER DOMESTIC VIOLENCE CASE

Using a slightly different “tack”, Mr. Corletta exposed another meritless Domestic Violence prosecution, used for leverage in an accompanying Family Court case, in People v. Anonymous (Town Ct. 9/20).

          In that case, the Complainant used a familiar approach, filing simultaneous baseless Domestic Violence Complaints in both Criminal and Family Court, as the law allows, in an attempt not only to limit the client's contact with their child in common, but also to camp out in the client's house, which they did not own, had no right to, and had no right to be in. The parties are not married.

          This created the incongruous situation of Mr. Corletta’s client not being able to return to their own home, but having to continue to pay all expenses for it. This is a prime example of misuse of the Domestic Violence laws, which Mr. Corletta has repeatedly assailed.

          In this case, much like several others Mr. Corletta has handled, Complainant withdrew their Domestic Violence Complaint in Family Court when pressed. Mr. Corletta promptly brought this to the District Attorney’s attention, who agreed to a Conditional Dismissal in this case, removing all Orders of Protection keeping the client away from their own property.

          At a minimum, this allows Mr. Corletta's client to fight on level ground in the companion Custody proceeding and to have access to their own home. Mr. Corletta will continue to be a vocal opponent to the misuse and manipulation of the Domestic Violence laws in this fashion. Here, not only were they used to restrict the client's access to their child, but to exclude the client from property they own.

 

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