Q: Previous DV case in 2015, court gave me full custody sole and legal of both my kids with him . 2017 we was in court for relocation he didn’t want us too but we came to a settlement. Now back in court cause he wants joint custody and he called before summons me acs because my oldest son walked out the building from while we were supposed to go buy. He walked 2 blocks to his grandpa house and now he wants to use that for joint and so I won’t relocate anymore. Yest he refuse to give the kids back I had to call the cops ,he wanted I to show up and get them which got me nervous since he has a violent past told my mother to get the kids for me since he refuse made the police report ,he keeps telling everyone we have joint custody but we don’t. I’m scared because everyone showed up to his rescue his brother and all which have criminal past and also I’m scared to not get the kids back if I continue to give visits as it is now. He keeps brainwashing the children and I have a few recorded conversations. Can I get an order of protection even if its temporary. I really don’t feel safe he also gets along w a few cops from the precinct and court
A: The Court could, in theory, grant you an order of protection assuming you file a petition. That said, you must allege – and ultimately be prepared to prove – that a domestic violence crime has occurred. From what you’ve described thus far, it doesn’t appear one has occurred. Schedule a consult with a Bronx Child Custody Attorney for a full assessment.