New York Family Law Blog
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 the Family Court. This order was issued following allegations of family offenses, including harassment and menacing. Despite the order, the petitioner claimed that the sister continued to engage in threatening and harassing behavior, prompting further legal action.
A fact-finding hearing was conducted to assess whether the sister violated the terms of the order of protection. The petitioner alleged that his sister’s actions constituted harassment in the first and second degrees as well as menacing in the second degree. The Family Court was tasked with evaluating these claims and determining the appropriate remedies.
Question Before the Court
The primary questions before the Family Court were:
- Did the sister violate the terms of the existing order of protection by committing family offenses of harassment and menacing?
- If so, what actions should the court take to ensure compliance with the order and to prevent future incidents?
Court’s Decision
The Family Court found that the sister had violated the order of protection. Specifically, it determined that she had committed harassment in the first and second degrees and menacing in the second degree. As a result, the court extended the order of protection for an additional year and modified it to exclude the sister from their shared residence.
On appeal, the appellate court agreed with the Family Court’s findings regarding the family offenses and upheld the one-year extension of the order of protection. However, it modified the decision to remove the provision excluding the sister from the shared residence. The appellate court concluded that there was insufficient evidence of “good cause” to justify excluding her from the apartment.
Discussion
The case revolved around the allegations that the sister engaged in conduct that violated the existing order of protection. The Family Court relied heavily on witness testimony, including the accounts provided by the petitioner and the respondent. It also considered the history of conflict between the parties and prior court orders.
Under Family Court Act § 842, an order of protection can be modified or extended if there is evidence of repeated violations or continued risk to the protected party. The court found credible evidence that the sister’s actions met the statutory definitions of harassment and menacing:
- Harassment in the First Degree (Penal Law § 240.25): This involves intent to harass, annoy, or alarm another person through repeated physical or verbal conduct. The court found that the sister engaged in behavior that fell within this definition.
- Harassment in the Second Degree (Penal Law § 240.26): This includes actions that are less severe than first-degree harassment but still cause annoyance or alarm. The sister’s repeated actions were deemed to meet this criterion.
- Menacing in the Second Degree (Penal Law § 120.14): This offense involves the intentional placement of another person in fear of physical injury or harm. The court found sufficient evidence that the sister’s actions caused the petitioner to fear for his safety.
While the appellate court upheld these findings, it disagreed with the Family Court’s decision to exclude the sister from the shared residence. Under Family Court Act § 842, an exclusion order requires “good cause,” such as evidence that the living arrangement poses an ongoing risk to the petitioner. The appellate court determined that the evidence presented did not support such a conclusion, and the exclusion provision was removed.
Conclusion
This case highlights the legal standards applied when evaluating violations of family offense orders and determining appropriate remedies. The Family Court acted to protect the petitioner by extending the order of protection and initially modifying it to include an exclusion provision. However, the appellate court refined the remedies, emphasizing that exclusion from a residence requires a clear showing of necessity.
For individuals involved in family offense cases, understanding the legal requirements and potential outcomes is critical. If you are navigating a similar situation, contact an experienced New York family lawyer at Stephen Bilkis & Associates for guidance. Our attorneys can provide the representation and support needed to protect your rights and interests.