Legal Question in Family Law in New York

Order of Protection in family court

Couple is not married but have child in common, however paternity has not been acknowledged. The child has his last name and mother and father and child live together.

Can mother get order of protection for herself and child?

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Asked on 12/14/04, 7:21 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Order of Protection in family court

Of course. the 'order of proyection' can be sought from the criminal court or the family court.

It is highly recommended that a criminal complaint be made at the local police precinct before seeking the order of protection.

The order of protection addresses the health and safety of the mother and child. It has no relation to marriage, paternity, or support.

Further, child support may be had as well. Marriage is not required, only paternity (the court will establish paternity).

You are welcome to a consultation for no fee.

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Answered on 12/14/04, 9:02 pm


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