Legal Question in Family Law in New York
Harassment and family offense petition
I was served with a Family Offense Petition, my soon to be ex-wife is saying I harasssed her by email. She says in the allegations that I did it against her wishes and without her permission. But the thing is, I stopped emailing her right after she sent me an email telling me not to email her. Pervious to that, she never contacted me by phone or email to tell me to stop or to tell me I was not allowed to email her, she gave me no indications that she wanted me to stop. She claims it was disrupting her at work because her email goes to her cell phone. That is something she can control. She has a computer at her home and her job, so it is not absolutely nessecary for her emails to go to her phone. It is a family court matter, not a criminal one, so if by some miracle the case is decided in her favor, what exactly can happen to me?
2 Answers from Attorneys
Re: Harassment and family offense petition
You can be kept from seeing your kids and she will have an order of protection which she could use on the next time to have you arrested and held for a year in jail.
Hence it would behoove you to see this for what it really is, a set up for your future arrest and not "just a Family Court Case" and get a lawyer and treat it seriously.
My office is located on Long Island and I would be happy to speak with you about it further if you would like. You may contact me through the links below of call me at 516.741.3400.
Good luck
Re: Harassment and family offense petition
Although the current matter is only a family offense, once a finding that your matter is founded and you are found to have committed a family offense, the situation becomes much more serious and perilous.
First your wife will be granted an order of protection. That is a sledge hammer hanging over your head waiting for her to make an accusation that you have violated the order. If she makes the accusation, you are automatically arrested, no investigation, no inquiry by the police and the matter becomes a criminal case and depending on the charge it can be either a misdemeanor or felony.
Next, the court will consider if you will continue to have visitation with your children, if you have any.
There can be further sanctions by the family court judge depending on the circumstances.
You need competent representation.
If you would like to disucss this matter you can contact my office at 516.746.4747 or contact me by e-mail at [email protected].
Joel R. Salinger, Esq.
114 Old Country Road, Suite 440
Mineola, New York 11501
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
