Legal Question in Family Law in New York

I need to file a restraining order against my 30 yr old daughter. she has substance abuse issues and mental health issues as well and frequently gets very verbally abusive . i want to keep her away from my house and away from my grandchildren when i have visitation with them. she has verbally threatened me and harassed me. however i'm worried about my 85 yr old mother who my daughter has been living with until recently and goes there often to do her laundry and other things. i don't want this to keep me from contact with my mother. if i am granted a restraining order will i be violating the order if i go to my mother's house if she is there?

Asked on 11/14/12, 7:20 am

1 Answer from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

In order to be awarded an order of protection from the family court you must properly allege and prove a family offense. The petition must be drafted properly in order to avoid the possibility that it will be dismissed by the court as insufficient. If you are ultimately awarded an order of protection you cannot be in violation of it since it is for your benefit.

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Answered on 11/14/12, 9:37 am

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