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No Order of Protection Against Former Boyfriend

Against Former BoyfriendMaliha A. brought a proceeding in the Family Court of Queens County before Judge John Hunt seeking an order of protection against her former boyfriend Onu M. Her petition claimed she had a bitter breakup and Onu was harassing her. Onu and Maliha had entered into new romantic relationships. Malihu had told a court attorney she was not afraid of Onu. At one point she sought to withdraw her application for an order of protection but at a later point she denied to the court that she wanted the petition withdrawn.

The Case Goes to Trial

Maliha stated she wanted to move forward with the petition and the case was eventually set down for trial. Maliha had posted a number of tweets on a twitter and even though she did not mention Onu’s name these tweets were about him. Onu had texted their agreement not to communicate with Malihu. Malihu testified that she was never threatened by Onu and she was not afraid of him, but she still wanted an order of protection because “as there is no telling what he might say or do.”

Application Dismissed

Judge Hunt dismissed Maliha’s petition. It failed to meet the statutory burden rising to a level of a family offense.

Conclusion

If an application is made to a court for an order of protection there must be a basis in law and the facts must substantiate the basis in law for a judge to grant this type of petition.

schlissel-headshotElliot S. Schlissel, Esq. is a father’s rights attorney representing fathers throughout the Metropolitan New York area. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Husband’s Contact with Wife’s Attorney Not a Violation of Order of Protection Received by Wife

Violation-of-Order-of-Protection-Received-by-Wife

Judge Javier Vargas sitting in a Family Court in King County recently had an unusual case presented to him. The wife had received an Order of Protection against her husband. He was ordered to stay away from the wife’s home and work and prohibited from communicating with wife, including any third party contact. The wife alleged husband and his private investigator had violated the portion of the Order of Protection preventing third party contact. She claimed her husband and his private investigator had communicated with her attorney through e-mail. She claimed these e-mails constituted harassment and coercion which were violations of the no communications provision of the Order of Protection which she had.

The Husband’s Position

The husband’s attorney argued that there were no allegations that either he or his investigator contacted the wife.

The Judge’s Decision

Judge Vargas took note that even presuming the allegations made by the wife in her petition were true and correct, the husband’s contact communicating with the wife’s counsel did not amount to threats or intimidation against the wife. He found there was no basis to find this conduct by the husband’s attorney constituted harassment or a family offense against the wife. He further found the husband’s attorney and the husband’s investigator were not third parties who were prohibited from communicating pursuant to the court order. Judge Vargas ruled the husband’s communications amounted to “hard edge bargaining negotiations and were not violations of the Order of Protection“.

Elliot S. Schlissel is a father’s rights attorney representing fathers throughout the Metropolitan New York area. He can be reached for a free consultation at 800-344-6431 or Elliot@sdnylaw.com.

VIDEO: What Is An Order of Protection

Attorney Elliot Schlissel explains what an Order of Protection is.