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Articles Posted in Order of Protection

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Court vacated family offense and protection orders after default. Gastaldi v. Gastaldi, 2015 N.Y. Slip Op. 882 (N.Y. App. Div. 2015)

A New York family offense order of protection is a legal directive issued by the Family Court to safeguard individuals from abuse or harassment by a family member or someone with a close relationship. It is available in cases involving allegations of domestic violence or family offenses such as assault,…

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Order of protection deemed reasonably necessary based on appellant’s family offenses. Monos v. Monos, 123 A.D.3d 931 (N.Y. App. Div. 2014)

In family law, an order of protection can serve as a legal tool to prevent harm and ensure the safety of individuals involved in domestic disputes. These disputes often arise out of family offenses, which are specific criminal acts that occur between people who share a family or household relationship.…

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Court vacated final order of protection after determining that the absence of respondent at hearing was not willful. Muhammadu v. Barcia, 100 A.D.3d 904 (N.Y. App. Div. 2012)

In hearings regarding orders of protection, if one party does not show up and does not provide an explanation, the court will typically issue a default order against that absent party. In the case of Troy Barcia in Muhammadu v. Barcia, 100 A.D.3d 904 (N.Y. App. Div. 2012), the issue…

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Court found sister violated protection order through harassment and menacing but removed residence exclusion. Nicholas A. v. Lillian A., 175 A.D.3d 1205 (N.Y. App. Div. 2019)

Disputes between family members can escalate to the point of requiring legal intervention. In Nicholas A. v. Lillian A, the Family Court addressed allegations of harassment and menacing between siblings sharing a residence. Background Facts The petitioner, the brother, had previously obtained an order of protection against his sister from…

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Court upheld denial of motion to vacate order of protection due to lack of meritorious defense evidence. Thompson-Richmond v. Perez, 157 A.D.3d 801 (N.Y. App. Div. 2018)

In family law cases, orders of protection play a critical role in ensuring the safety and well-being of individuals. The case of Thompson-Richmond v. Perez, 157 A.D.3d 801 (N.Y. App. Div. 2018) demonstrates how the courts evaluate motions to vacate default orders of protection. Vacating an order of protection in…

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Extending a Family Court order of protection due to willful violation. Sicina v. Gorish, 209 A.D.3d 658, (N.Y. App. Div. 2022)

In Sicina v. Gorish, 209 A.D.3d 658, (N.Y. App. Div. 2022) the court considered whether to extend an order of protection. In New York, a family court order of protection may be extended for various reasons, including instances where the order has been violated. When a violation occurs, the court…

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Appellate Division considered whether the length and terms of an order of proctection were appropriate. Dayonna W. v. Jhon S. 201 A.D.3d 539 (N.Y. App. Div. 2022)

In Dayonna W. v. Jhon S. 201 A.D.3d 539 (N.Y. App. Div. 2022), an order of protection was issued against the respondent, directing him to stay away from the petitioner until June 10, 2023. The order stemmed from a fact-finding determination that the respondent committed the family offenses of second-degree…

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Was there a valid finding of neglect on the part of the stepmother such that an order of protection was warranted. In re Kayla K. 2022 N.Y. Slip Op. 2668 (N.Y. Sup. Ct. 2022)

In New York family court, obtaining an order of protection requires meeting a specific standard. Pursuant to the Family Court Act, the petitioner must demonstrate the existence of family offenses by a fair preponderance of the evidence. This standard necessitates showing that it is more likely than not that the…

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