Legal Question in Family Law in New York

Child Custody and Support

The father of my baby filed a order of protection against me I am going for custody and support for the baby on October 28 and the order of protection will be brought up at that time. The order of protection said that I'm to stay away from him, not call him, not email him, nothing of any kind of contact with him at all. On October 17, I emailed him because I didn't receive the order of protection against me until October 21, I met him at Burger King in the area to drop of our daughter on October 18 and picked her up on October 19 (again I'm to stay away from him totally as per the order of protection that was in place on October 16). Doesn't that order of protection go against him because he didn't stay away from me at all.


Asked on 10/22/03, 9:11 am

2 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Child Custody and Support

If you explain all of that to the judge, you should not have any problem.

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Answered on 10/22/03, 9:36 am
Seth Kaufman Seth M. Kaufman

Re: Child Custody and Support

I wouldn't worry too much about violating the order before it was served. If the father had reported a violation to the police, you probably would have heard about it pretty quickly. Still, you should have an attorney. A family offense proceeding is a serious matter and can hurt your bid for custody. Feel free to call me at 212-367-9167 to schedule an appointment to discuss your case. I do not charge a fee for the initial consultation.

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Answered on 10/22/03, 12:14 pm


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