Legal Question in Family Law in New York

Legal application of Family Court Act

We are the respondents to a violation of court order petition. We have followed the order as closely to the letter as possible. The summons says that ''petitions brought pursuant to Article...6...of the Family Court Act, in which an order of protection is sought or in which a violation of an order of protection is alleged, may be served outside of the State...upon a Respondent who is not a resident...If no other grounds for obtaining personal jurisdiction over the Respondent exist aside from the application of this provision, the exercise of personal jurisdiction...is limited to the issue of a request for, or alleged violation of , the order of protection''. We checked with the court and there is no order of protection, alleged or otherwise. Can they even be ordering us into court in another state?


Asked on 3/21/09, 12:15 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Legal application of Family Court Act

There doesn't have to be, apparently, an existing order of protection in order for this provision to apply to persons outside the state of New York such as yourselves if the petitioner is seeking to establish such an order. (And, if the papers which you've received charge a violation of an existing order, you may have misinterpreted them or it could be some kind of mistake on the part of the court.)

However, since this question obviously involves New York law, a lawyer from that state should answer it

for a more definitive and authoritative reply.

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Answered on 3/21/09, 12:56 pm


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