Legal Question in Criminal Law in New York

Need advice

I was awarded guardianship of my mother. The Judge said that my brother can come see his mother when he wants, but the problem is that my sister who lives in the same house as my mother, has an order of protection against my brother as my brother tried to steal my mother's jewelry.

So one court (Family Court) is saying that he cannot come to the house except for one day a week, and Supreme Court (Guardianship Court) says that he can come when he wants. My question is do I have to follow the guardianship court and let my brother in whenever he wants or does this need to be settled in Family Court?

Thanks for all your help and advice.

Phyllis


Asked on 4/08/08, 1:00 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Need advice

You find yourself in a very difficult situation... He MUST follow both orders, and if for now one order states that he must stay away then in order to avoid any further problems, as a violation of that order may result in new criminal charges - poentially more serious than the original charges he faced.

The best route to remedy this situation is to et the criminal court know the next time he is there about the family court order... usually criminal courts will make an order 'subject to family court modification' meaning that the diffferences between the two orders are trumped by the family court order, this way he will have no problems.

If you have any other questions feel free to contact us at 212.709.8303

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Answered on 4/09/08, 4:34 pm


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