Legal Question in Family Law in New York

Re: protection order

An Aggravated Harrassment 2nd conviction seems

to indicate that you did verbally harrass your

estranged spouse, contrary to your denials. The

Order of Protection is extremely valid for a

period of one year if done properly by the Court

This can include exclusion from the home during

such period.

However, such exclusion does not eliminate your right

to an equitable distribution of the equity in the home

and other assets in a divorce action, which is

generally 50%

It may affect the amount of an award of maintenance

due to "spousal misconduct" but you can always

ask for the same due to the wide disparity in

incomes.

It also does not affect distribution of pensions

which again may be weighed heavily in favor of the

spouse who earned more if there are such benefits

available.

Your next step is to retain counsel You should have

had counsel before the conviction and Order of

Protection was issued.

You may call

1-716-235-2560

or FAX 1-716-235-2607 or

email [email protected]

Re: protection order

You do not mention children and I am assuming that there are no minor children of the marriage. It is difficult to evaluate documents / Orders without reading them. With that caveat, it does appear that your wife has grounds for divorce [i.e., the facts leading to your conviction].

Even if she does not want a divorce, it is difficult to understand why you would want to remain married to her. If the house is a marital asset, then it will be divided, along with all other marital assets [including pensions and 401K's, etc.], as part of Equitable Distribution incident to a divorce.

For more information, please visit my web site:

www.BravermanLawFirm.com