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 (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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