Monday, January 21, 2013

Can I get an Order of Protection against my sons stepmother?

Q: My sons stepmother has been harassing him for years. She calls him names like freak, retard, little sh-t...she calls him gay, flips him off, tells him to kiss her a-- etc. This has been going on for years and his father allows it and when my son retaliates, he punishes my son. This constant verbal abuse is affecting my son greatly but so far I have not been able to change custody. Can I file some kind of anti-harassment order?

A: David's Answer: To get an order of protection under NY law, one must allege & prove a violation of a designated criminal statute. "Bad names," while certainly an issue which may be raised in a custody/viitation proceeding, does not generally rise to the level of a "crime."  -- David Bliven, Westchester Domestic Violence lawyer (

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