Legal Question in Family Law in New York

Order of Protection

my wife has a temporary order of protection against me. she got the order in April and it was for 6 months. it is set to expire in a few weeks and the judge today recused themselves because of a conflict. this now makes 5 judges whom have recused themselves. because they either knew me or my wife from outside the courtroom. we have not been before a judge on the family offense for which she got the temp order.

My question?

once this order expires in 2 weeks can I go back home? and if i do what can she do to stop me from going home. yes she still lives in the home and the temp stated i was to stay away from the home. but if it expires before we can get before a judge there really isnt anything she can do is there?


Asked on 9/13/05, 8:02 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Order of Protection

If the order of protection expires without a continuation, there is nothing legally stopping you from coming in within the vicinity of your spouse. However if there is an issue there is nothing stopping your spouse from applying for a permanent order of protection. Before doing anything, you should probably contact your spouse by phone and find out her feelings about you moving back before you do anything.Of course, if you move back and do something which is subject to the order of protection, even if it is expired, you would be setting yourself up for a world of serious legal trouble.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 9/14/05, 10:33 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Order of Protection

If the problems in your marriage that gave rise to the OP and you and your spouse have not resolved those problems, then you should NOT attempt a return to your home, to live with your spouse. You should immediately consult a family therapist/counselor; and a lawyer for a possible divorce.

For now, You need to forget about living with someone who is bent on excluding you from the home, it is too dangerous for both of you, notwithstanding the expiration of the PO.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 9/14/05, 7:59 am


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