New York Family Law Blog
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 other forms of harm. In the state of New York, orders of protection can be extended upon motion for a reasonable period of time upon a showing of good cause, as outlined in Family Court Act §842.
Good cause for extending an order of protection can be demonstrated through various factors, including the nature of the relationship between the parties, any instances of domestic violence or violations of the existing order of protection, and the safety concerns for the petitioner and any children involved. This may involve providing evidence of past incidents of abuse, threats, or harassment, as well as the potential for future harm if the order is not extended.
The process typically begins with the filing of a motion in the appropriate court, such as the Family Court where the original order of protection was issued. The petitioner, often with the assistance of legal counsel, presents arguments and evidence supporting the need for the extension. This may include witness testimony, police reports, medical records, or other documentation relevant to the case.
The court then considers the merits of the motion, weighing the evidence presented and assessing whether good cause exists to grant the extension. If the court determines that an extension is warranted, it may issue a new order of protection for an additional period of time, providing continued protection for the petitioner and any affected individuals.
Background Facts
The petitioner, represented by counsel, filed an Order to Show Cause seeking a five-year extension of the Final Order of Protection initially issued in 2018. While the specific reasons for requesting an extension are not stated, it can be assumed that there have been ongoing instances of domestic violence or harassment. The respondent, appearing pro se, contested the extension and filed a cross motion to dismiss or consolidate with the ongoing divorce trial. The court granted interim relief extending the Order of Protection and set deadlines for submissions.
Issue
Whether to grant the petitioner’s request for an extension of the Order of Protection. Additionally, the court needed to address the respondent’s motion to dismiss or consolidate the case with the pending divorce trial.
Holding
The court held that a hearing was necessary to determine whether good cause existed to extend the Order of Protection. Despite the pending divorce trial, the Family Court had concurrent jurisdiction to hear applications for Orders of Protection. Thus, the respondent’s motion to dismiss was denied. Additionally, the court clarified that it lacked the authority to consolidate the case with the divorce trial, as requested by the respondent.
Rationale
Family Court Act §842 allows for extensions of Orders of Protection upon a showing of good cause. Considering the nature of the relationship between the parties and the allegations of violations, the court deemed a hearing necessary to assess the need for the extension. Moreover, NY Domestic Relations Law §252 grants concurrent jurisdiction to Family Court and Supreme Court for matters involving Orders of Protection, regardless of pending divorce proceedings. The court found no grounds for dismissal based on the existence of the divorce trial.
Conclusion
The Family Court ordered a hearing to determine the extension of the Order of Protection. The court affirmed its jurisdiction over the matter despite the ongoing divorce trial and denied the respondent’s motion to dismiss. Additionally, the court clarified that it lacked the authority to consolidate the case with the divorce trial and directed the parties to comply with the court’s orders regarding submissions and appearances.
If you are fear for your safety or the safety of your family, immediately contact an experienced New York order of protection lawyer. Contact Stephen Bilkis & Associates. We are here to guide you through the process of obtaining an Order of Protection and will provide you with the expert legal assistance you need. Your safety is our priority, and we stand ready to support you during this challenging time.