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.…
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…
In Cohen v. Escabar 219 A.D.3d 726 (N.Y. App. Div. 2023), Louis Escabar, a minor, appealed from an order of protection issued against him, dated June 28, 2021. The order stemmed from a family offense proceeding initiated by Jamie Cohen against her ex-boyfriend, Escabar. An individual under the age of…
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…
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…
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…
V.A. v. L.S. 2023 N.Y. Slip Op. 51477 (N.Y. Fam. Ct. 2023) involved an application to extend an order of protection. Extending an order of protection in New York involves a legal process that aims to maintain the safety and well-being of individuals who have been subjected to domestic violence or…
In New York, obtaining a family court order of protection involves specific requirements for both temporary and final orders. For a temporary order, known as an ex parte order, the petitioner must demonstrate to the court that they have been subjected to or are in immediate danger of domestic violence…