MR. CORLETTA OBTAINS DISMISSAL OF VIOLATION OF ORDER OF PROTECTION CHARGE BASED UPON DEFECTIVE ACCUSATORY INSTRUMENT
“Domestic Violence” cases are always tough. Things are made easy for the alleged victim. Orders of Protection are available for the asking based upon untested ex parte allegations.
Defendants are often displaced from their own homes and access cut off from their children based upon untested allegations that many times are essentially people arguing over a break up, where one party has an agenda and gets to the courthouse first.
Such was the case in People v. Anonymous (Sup. Ct., 3/2025).
In that case, Mr. Corletta’s client fell under a flurry of ex parte applications, made by the spouse, who clearly had an agenda. The spouse wanted to leave the marriage, and had found someone else.
The spouse sought to kick the client out of the residence so they could move their new “friend” in. This resulted in the client being dispossessed from their residence, and cut off from contact with their child. To make matters worse, when the client attempted to make contact for purposes of visitation, the spouse had the client arrested for violating the Order of Protection.
This is called “Criminal Contempt”. However, the spouse and police failed to contemplate the strict pleading requirements for Criminal Contempt charges. Mr. Corletta was quite familiar with a string of cases that were decided in the early 2000s and 2010s. They required that such charges prove both knowledge and intent in terms of the Order of Protection, and that the Order of Protection be annexed to the Accusatory Instrument. Often police make conclusory allegations in the Accusatory Instrument and use hearsay to establish those elements. This is insufficient.
The District Attorney, taking their usual hardnosed position, “offered” the client a guilty plea and probation. Mr. Corletta responded with a Motion to Dismiss pointing out the clear defects in the Information. The District Attorney had no specific response, and lost in Court when Mr. Corletta began citing a string of Court of Appeals cases indicating why the Accusatory Instrument was defective. The Court had no choice but to agree and dismissed the charge, providing some vindication for the beleaguered client, who still has to deal with the unfair imposition of Orders of Protection that have cut them off from both their home and their child. However, Mr. Corletta has Motions to Dismiss regarding those Orders of Protection pending, and is continuing to do his job advocating for his client.