Legal Question in Family Law in New York

protection orders

How is that a wife takes out an order of protection on her husband and moves out the house for two months and then the courts turn around and put her back in the apartment with an extention on the protection order?


Asked on 11/29/03, 7:37 am

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: protection orders

This must be incredibly frustrating for you.

The best answer I can give is: you did not have a lawyer. This court order is very unfavorable for you. There may be circumstances that justify this outcome (was she homeless after moving out?), but I don't know what they are.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/01/03, 5:34 pm
Albert Van-Lare The Law Office of Albert Van-Lare

Re: protection orders

Although you did not explain the details of the protective order, it appears the court finds that her safety is in jeopardy.She has a right to remain in the matrimonial home.If the court is convinced that the threat is still real, the order will be extended.

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Answered on 11/30/03, 12:39 am
Seth Kaufman Seth M. Kaufman

Re: protection orders

There is no way to explain the situation without knowing everything that has happened. Mr. Van-Lare's response notwithstanding, the court may well have made a mistake. It happens all the time. If so here, you need to make an appropriate motion ASAP. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.

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Answered on 11/30/03, 12:57 am


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