FOCUS: Complex Civil Litigation
Litigation Group Victorious in Domestic Violence Court
LITIGATION GROUP VICTORIOUS IN DOMESTIC VIOLENCE COURT
A client became aware that a seemingly malicious Order of Protection had been entered against her months earlier. She had not been notified that a Petition for Order of Protection had been filed and therefore was not present at the original hearing to defend herself. GCT’s initial attempts at negotiations with the Petitioner’s attorney were unsuccessful.
Our attempt to negotiate a dismissal was rebuffed by the Petitioner’s attorney. During discovery, we learned that the Petitioner, who held an executive position on our client’s Condo Association Board, was unhappy that our client had questioned some of his actions as President. The Petitioner had instructed the Condo Association’s lawyer to file the initial order. Based on obvious conflict of interest, GCT had the lawyer removed, but the Petitioner persisted, and GCT was compelled to go to hearing.
The hearing relied solely on the Petitioner’s testimony. On cross examination, GCT’s line of questioning revealed inconsistencies in the Petitioner’s story, and an admission that a sworn affidavit that he had submitted to the Court contained numerous falsehoods—destroying his own credibility. A motion for a directed finding was granted by the Judge and the Petition was dismissed, without our client even having to testify.