Legal Question in Family Law in New York

Order of Protection ?

My wife notified the administration of child services in NYC during the past summer on behalf of her niece that our niece was being abused by her mother (my wife's sister). Our niece lived with us for the summer by order of ACS, but then moved to live Florida (also by order of ACS) where she currently lives with her grandparents. My wife's sister is now out to get us and went to my wife's office a few days ago and made quite a scene. My wife was seeing clients that day and was not in the office. My wife's sister demanded that my wife be fired and had to be forcibily removed from the office. I need suggestions on what to do. Should I get a lawyer to process an order of protection or restraining order. She also calls my wife's cell phone number and harrasses her, and she has been violent with my wife in the past.


Asked on 9/23/03, 1:56 pm

4 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Order of Protection ?

An Order of Protection would be appropriate.

ACS complaints are supposed to be confidential.

You do not give the neice's age; nor do you explain why she was removed from you and your wife to live with the grandparents.

The child may be better off living with you than with the grandparents (depending on the facts) and the child's preference (depending on her age, etc.).

You and your wife may wish to consider a petition

for custody. The aunt would then have to pay Child Support to you, etc.

Suggest you consult with an experienced Family Law attorney, such as myself.

FYI - I practice in NYC and Long Island.

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Answered on 9/25/03, 9:39 pm
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Order of Protection ?

Obviously, you must do something and you must use the law to accomplish your goal. However, you should PREPARE YOUR EVIDENCE FIRST BEFORE DOING ANYTHING. It will be necessary for both of you to learn how to collect important evidence to protect yourselves - and you must act quickly for that evidence to be effective. A court can issue a restraining order preventing your sister-in-law from committing these acts, and award compensation and punishment damages and possibly attorneys fees. You can take advantage of our FREE CONSULTATION to get a general idea as to what you should be doing and to get a better understanding of the process.

If you wish to make an appointment for a consultation, please send an e-mail to the address listed below. For general information on a variety of legal subjects, please go to www.VeneziaLawFirm.com

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Answered on 9/23/03, 2:23 pm
Seth Kaufman Seth M. Kaufman

Re: Order of Protection ?

You are not specific as to your sister-in-law's acts, so I cannot give you definitive advice about your options. Your wife should report all incidents to the police, who may decide that an arrest or issuance of a violation is warranted. Your wife may be able to get a temporary order of protection by filing a family offense petition in Family Court. Family Court and Criminal Court have concurrent jurisdiction over "family offenses". Your wife may call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.

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Answered on 9/23/03, 3:08 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Order of Protection ?

You and your wife have my respect for your courage in reporting the abuse. The Family and Criminal courts will help you. While it may be better to process this through the criminal courts for future considerations, the Family Court will act faster.

In order to get the Criminal Court to issue an Order of Protection you must make a complaint to the police department. In this case, the one closest to your wife's work.

You don't need a lawyer, but guidence can be helpful. You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

You have shown great courage in this. I would be happy to assist you.

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Answered on 9/23/03, 5:27 pm


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