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Domestic Abuse

Can I file a restraining order against the non custodial father on behalf of my 4 yr old child… for parental alienation?

Q: Her father has abandon my daughter and I in Nov 2015 and last physical contact for a few hours was 1 year ago… he has no contact no phone calls or anything… he sent Christmas presents that I sent back the last 2 years as my child says she just wants his love not presents (she’s 4) wise beyond her years… he filed for custody and said I was an unfit parent(I’m an ER RN certified in adult & pediatrics) and that my daughter’s safety is in danger… the judge did not buy it and it was adjourned till July 19th… he called ACS…he’s a detective and constantly left his service weapon lying around with my then toddler around and had me carry it around to the movies… and such… also he assaulted me with my 14 month old in the house… and when he left he tortured us in that house till we moved… cut the phone lines/cable/ washer/dryer and poured water down the stairs on exit/entrance to the apt in 10F cold… I call 911 everyday from that…my daughter is mentally tortured due to his alienation… I fear he would try to take her… he hasn’t tired as he would be an idiot with 19 1/2 yrs with NYPD…. but I don’t know how to protect my child please help!we are in Brooklyn fam co

A: David’s Answer: Preliminarily, you state you’re in Brooklyn Family Court, yet post that you’re in Mamaroneck. If you’ve moved to Westchester, consider filing a motion to change venue. In any event, you may apply for such an order within the context of the custody case itself, but because “parental alienation” is not a crime, it would not provide a basis for an order of protection under Family Court Act Article 8. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

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