Legal Question in Family Law in New York

Order Of Protection

I was recently served by my ex-wife this order of protection which really is against me being with my current fiance'. We had gotten into an argument on a weekend that i had my two sons. I get them every other weekend. It got a little to heated so I brought them back home to their mother that night. I wound up moving out a few weeks later in a harsh move. We have since gotten back together but my ex-wife does not want my kids around her, so she went and got this order of protection against me because I am still with her. We went to court this past week. The court tried to tell me for the next three times I have my kids to keep them, at my apartment without my fiance there. I agreed to it and then thought about it and changed my mind. My next court date is 9/29/08 to follow up on this agreement. I told my ex-wife and her lawyer that I could not see them while this court order is still on me. Was this a good move?? I would like to go into this next court date with a lawyer to fight this court order and get my legal rights from my divorce agreement restored. Thank you for your help. Next court date is 09/29/08.


Asked on 8/24/08, 11:00 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Order Of Protection

You question is a bit jumbled. As I understand it, you ex-wife received an TOP against you. The basis of the TOP is that you and your fiance got into a fight and which time you returned the children to your ex. You are still with your fiance. The first conference before the Court you agreed to not have the children around your fiance. You agreed and you have not picked up your children because you are still with your fiance.

You question is, "Was this a good move??" My question is, "Is your not seeing the children good for the children?" If yes, it was a good move. If no, you may want to see your children without the fiance around.

Usually, for an order of protection there must be physical violence or a threat of physical violence. If the petitioner cannot prove this, the petition must be dismissed. If you want, you may contact my office to schedule representation.

Mike.

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Answered on 8/25/08, 8:35 am


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