Legal Question in Family Law in New York

T.O.P

background info;i am summoned to

court as a respondent for a top, i am

not an us citizen or resident. my

boyfriends soon to be ex wife filled for

the top. this started when we went

to pick up their child for his overnight

weekend stay like stated in the

custody orders,she was not home

and did not answer here phone. we

left several messages and emails, we

waited till she came home because

we had plans for the weekend. she

finally showed up and called the

police because we where so called

harassing and treating here and

showed up unannounced. the police

report of the so called harassment

incident clearly states that no offense

was committed. still she has a top

against us,the 2nd one against my

boyfriend. the first one was already

dismissed. Question;

she states in the family offense

petition that the relationship

between me and her is intimate and

describes it because i am her

husband mistress. does that qualify

for intimate relationship for the nyc

family court ? can you give me a

legal description of intimate

relationship? or a link to obtain more

information about legal description.

thank


Asked on 8/12/08, 4:21 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: T.O.P

This is a great question and cannot be answered simply.

A fact sheet regarding your question is available at http://www.nrps.com/download/justthefacts/domesticviolence.pdf

My thoughts follow:

The court appears to believe that your intimate relation with your husband and his with you may fill that definition (though I think this is a stretch of the definition). Intimate relationships do not always have to include sex. It is possible to argue that a confidant of many years fulfills this status and of course any family member can be claimed to be an intimate relation..

Read more
Answered on 8/13/08, 1:39 pm


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