Q: I am in the middle of a divorce… long story short, there is a full stay away protective order against my ex including third party contact. My ex’s new girlfriend has been consistently harassing me for the last 2 months. I have filed several different police reports and have documents everything. Yesterday she called my job…. Today she called…Read More
Q- I'm pro se right now in family court regarding denial of access. (there's an agreement in place for 7yrs). the ex has avoided 7 attempts at being served. we have a court date this monday at 10am. the ex emails me Friday night saying "forms were submitted for an adjournment." what are the rules for doing this? If i…Read More
Q: If I accept the order of protection with no admission of guilt. will that end the case? Meaning no transfer to criminal court? A: First, there’s no such thing as a “permanent” OP in Family Court. OPs are almost always from 2-5 years, but can be renewed. Second, merely resolving the case in Family Court does NOT preclude the…Read More
Q: I was abused by daughters father while pregnant with her in 2018. I went to the hospital and police took photos. Mount Vernon issued a stay away order of protection that was amended to a refrain from so that he could be home and around our new born. I have called the police following that refrain from order because…Read More
Q: I’m 18 and I’m pretty sure I can file a restraining order on someone without a guardian (correct me if I’m wrong) but I’ve been getting harassed by an ex and he always bothers me I just want it to end, I don’t want to press charges I just want him away from me at all times. A: Yes…Read More
Q: I’ve submitted paperwork for uncontested divorce 4 months ago and didn’t hear anything back from the court. How long does the uncontested divorce usually take? A: The time varies – in Westchester it’s usually 1-3 months. But in part the time varies based on backlog as well as whether the papers were complete & in the correct order. Call…Read More
Q: I have a tro against my children’s mother but she has unsupervised visits every Saturday which is also the same day my children have counseling from 2 to 3 pm while visits with mom the same day are from 1 to 8 pm.The only available days for the counseling session is Saturday’s how do I handle this.Does this mean…Read More
Q: My husband has issues with rage. I had an order of protection put in place as a stay away because I didn’t know how we would react (nor did I fully understand that this could go on for months/years). I want to talk to him and try and move forward in life. I have 2 kids who are also…Read More
Q: A stay away was put in place. We can only text and talk about the kids via phone. Is it OK for a friend to share info with me about the actions my husband is taking to seek help and get better? A: The answer is yes – if the order of protection is in your favor, there’s no…Read More
My article, “Suspended Judgment should be Alternative Disposition in family Offenses” was just published in the New York Law Journal! Here’s the link: NYLJ ArticleRead More
