Legal Question in Family Law in New York

Girlfriend gives Order of Protection from my house

My brother in laws girlfriend who lives with him, and whom he shares a child with, has issued him an Order of Protection citing verbal abuse, to the complete suprise of everyone. As a result he was kicked out of the house that he owns and now she is living there with her father, her son from another relationship and their child. He has been able to collect some personal belongings with a police escort but thats it.

A lawyer has told him that he can't kick her out even though he is the sole owner of the house and that he should sell it and save himself a big problem.

Even if he wanted to sell the house she probably won't let anyone in the house to view it?

With the order hearing set for next week can he get it dismissed? Being verbal abuse it is his word against hers?

What can be done to resolve this issue and get him back in his house given that the option of an amicable solution is unlikely given the circumstances?

Thanks


Asked on 4/14/04, 4:11 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Girlfriend gives Order of Protection from my house

He should get a lawyer ASAP; and not assume that this matter will "blow over quickly."

Might consider an L&T Action for USE & OCCUPANCY, to cover his costs and expenses in the interim; or during the pendency of the criminal court proceedings; and also to counter the CHILD SUPPORT she will be seeking probably even at this moment.

Girlfriend is attempting to assert relationship to that of a marriage, entitling her to maintenance and support, which IS NOT recognized in NY. It is important to remind Court that you are not married to 'this woman.'

If she is without income or support and your child is young, your case may continue for a seemingly long and painful period.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 4/21/04, 11:03 pm
ODALIS M. ENCARNACION LAW OFFICE OF ODALIS M. ENCARNACION

Re: Girlfriend gives Order of Protection from my house

To start, a temporary order of protection against your brother-in-law is not necessarily a finding of wrongdoing. Verbal abuse by itself, is not generally an act to justify a permanent order of protection. Usually Courts are more inclined to issue a permanent order when there are prior incidents of abuse, and a history of past injury. They are also inclined to issue a permanent order when there are serious threats of bodily injury, drug or alcohol abuse are involved, or the person has access to weapons. I suggest your brother fight these charges vigorously. He can contact me for a free consultation to discuss this further.

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Answered on 4/15/04, 12:26 am


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