Legal Question in Family Law in New York

removal

My son's friend was arrested for abuse of his girlfriend recently,( both were at fault mutualy) and an order of protection was given to her,can you please tell me why if it's his home and he pays ALL the bills why he can't go back to his home,why was she allowed to stay? How or what are his legal rights on how to get her out of HIS home. She is collecting social services at an address across the street from him.So far she hasn't showed up for court 2 dates.


Asked on 5/07/04, 11:07 pm

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: removal

He is in criminal court therefore she doesn't have to show up, except as a witness. Have him start eviction/removal proceedings in local court.

I HOPE he has/gets an attorney. Domestic Violence is taken VERY seriously in NY.

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Answered on 5/08/04, 9:52 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: removal

She is probably allowed to stay in HIS home, because apparently it was also HER home, or HER primary residence and as HE was responsible for all of the fiances, she probably has limited resources and options to find another place of HER home. HE probably has an order of protection against him, barring him from HIS home, because apparently the court is convicned that HE was beating HER up in THEIR home.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/10/04, 9:09 am


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