Q: I have an order of protection from NJ against my ex husband and his mother. He has raped and beaten me, along with trying to kill me. His mother had threatened kidnapping my son, along with fighting me whilst pregnant. I live in NY and we have pending custody / visitation cases. I want her to have no rights to my son but my ex lives with her, Smh. Also, he has pending NY and NJ criminal charges.
A: David’s Answer: Obviously if the order of protection is a “stay away” order of protection, then the NY Court would generally honor same. If its not, then the court in NY MAY consider the order of protection in structuring visitation, but the larger issue is whether the NJ court made any factual findings of wrongdoing on their part. Schedule a consult with a Bronx Child Custody attorney for a full assessment.