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Family Court Cannot Amend Criminal Order of Protection That Didn’t Deal with Custody or Visitation

father's rights lawyerAn issue was presented as to whether a Family Court judge could modify a Criminal Court Order of Protection. The reasons for modifying the Order of Protection did not relate to custody or visitation issues. Upon review, the Family Court stated they did not have the authority to modify this Order of Protection.

The Order of Protection

An Order of Protection had been issued by a Family Court Judge in Westchester County. The husband was required to stay away from the wife and the marital residence. However, the Family Court Order had a provision which authorized the husband to live in a basement apartment located at the marital residence. There was a claim the husband violated the Order of Protection. A Town Justice had issued a new Criminal Court Order of Protection. This Order of Protection prevented him from having any contact whatsoever with his wife. Within the confines of this Criminal Order of Protection there was terminology which required that he stay away from her home. Unfortunately for the husband, the Criminal Court Order of Protection did not state he had a right to continue residing in the basement apartment located at the marital residence.

Family Court Refuses to Intercede Regarding Criminal Court Order of Protection

The husband brought an Order to Show Cause to the Family Court. He asked the Family Court to intervene and allow him to move back into the basement apartment at the marital residence. The Family Court issued an order saying it did not have authority to modify the Criminal Court Order. The Family Court took the position they could only modify Orders of Protection that dealt with custody and visitation issues concerning children of the parties.

helping fathersElliot S. Schlissel is a father’s rights lawyer. For more than 35 years, Elliot and his aggressive, dedicated attorneys have been representing fathers regarding orders of protection, child support, child custody and visitation issues throughout the Metropolitan New York area.

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.