Legal Question in Family Law in New York

Re: Filing a Restraining Order

This is an interesting question because it brings out the issue of what evidence needs to be shown to get an 'order of protection'.

This 'OP' (order Protection) would be based on PL 155.05, 'Harassment' which prohibits "communication without a legitimate purpose".

1. Asking the other woman to stop seeing your husband and telling that woman's husband to stop his wife from seeing your husband is 'legitimate',

2. but it would be 'legitimate' only for one such call. If you called 3 or more times, then you would be committing Harassment under the Penal Code.

3. However, the other woman might want to go to Family Court. I cannot (nor can many other reasonable lawyers) predict what a family court judge would do in this situation.

My best guess is that the Family Court judge would decline to hear the case and dismiss the petition for an OP on the basis of 'lack of jurisdiction'.

Overall, I recommend that you call each person (other woman and her husband) no more than twice and you will have no problems.

Of course, the real problem is not the other woman in this case, but your husband. I recommend that you put your energies not towards outside persons, but towards this issue.