Legal Question in Family Law in New York

order of protection requested

I have a stay-away order of protection against my ex for my kids and I. He found out I am allowing the kids to see his mother (he hates her) and I sent his father a letter on her behalf because she has not received alimony in 3 wks. I received a summons staiting I sent his dad a threating letter filled with flase allegations (simply not true, it was a nice letter) and I posted a threat on the internet that said if I saw him I would ''shoot 1st & ask questions later''. He has sent very vulgar letters to his mom and coincidentally she is going in 1st that day requesting an order of protection against him - he's been harassing her for years. If I show the judge the letter I sent to his dad and (he would have seen the ones he sent his own mom) and his history of the times he has been in jail for breaking my order as well as the 3 charges he has pendin right now do you think he will just dismiss his petition or do they HAVE to adjourne it for me to get an attorney and be represented and order a temporary order of protection for him? It is all being done to get even with me - I don't ever talk to him or bother him. I just want to judge to throw it out, it' only wasting the courts time. Thanks!


Asked on 4/20/05, 2:14 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: order of protection requested

Your "butting in" involvment with your EX's family can be viewed as a form of "harrassment" antagonism, etc,. Also, your belief that you are somehow "entitled" to continue provocation of your EX, by your meddling, in his family business, is certain to create evermore problems for you, in and out of Court.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/21/05, 12:46 am


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