Legal Question in Family Law in New York
Order of protection
I would like to know what events need to transpire before an order of protection can be granted. Does verbal abuse justify granting of the order? No threats of harm are involved, just insults and shouting. If the main bread winner cancels direct doposit of his paycheck into a joint savings account to gain more control over the family finances, does that affect the decision for the order? Lastly, does the order exclude the spouse from his own house and diminish his rights to see his kids?
3 Answers from Attorneys
Re: Order of protection
Verbal abuse definately qualifies and withholding finances is a common control ploy of abusers. Whether or not a Judge will order him out of the home based on verbal abuse is iffy. If there is yelling, screaming, cursing, or he degrades you, etc in front of children it is possible. An OP based on these facts should not diminish his right to see children. It is possible to have an OP and still live in the same household. If he violates the order, you will have more clout to have him removed from home. Good Luck.
Debra Palazzo
Re: Order of protection
This is a difficult situation. Your husband is an angry, controlling man. If he feels his control is slipping even more, he may become more desparate.
Fortunately, the requirements for an order of protection are very low. Mere angry words are often enough if they include threats of physical harm. The order would not affect your husband's right to see his children, but may require him to find another residence. The key is the words must include threats of physical harm.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: Order of protection
Mr. Nitzberg gives very wrong information. "Angry words" are not enough, while an actual threat of physical harm is not required. There are ten offenses in the Penal Law which qualify as bases for a Family Court Order of Protection. The order may exclude the respodent from the home and prohibit him from having contact with the children. A finding of domestic violence is properly considered in a subsequent custody proceeding. However, it can backfire. Unfounded allegations reflect badly upon the accuser and can even lead to a change in custody. Feel free to call me at 212-367-9167 to discuss this further.
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