Saturday, May 18, 2013

Can I file a violation of an order of protection based on the facts shown below?

Q: After suffering years of excessive corporal punishment from his father, my son recorded his father striking his brother repeatedly. I was able to get an Order of Protection that prohibits corporal punishment but the new judge was unwilling to limit visitation since there is a long history on our case. The next weekend my sons went to their fathers house and he got into an altercation with my son. One of the things that caused the fight was that he told my son he would accuse him of sexually abusing his brother in retaliation for him recording him striking his brother. During this fight he shoved my son up the stairs and proceeded to pound on the bed screaming at him. Can I file a violation? I am extremely worried about his threat to my son.

A: David's Answer: If the order prohibits corporal punishment, and he shoved the child, then this at least arguably is a violation. Your next step would be to file a violation petition. I also suggest to contact the children's attorney. -- David Bliven, Westchester Family Law Attorney (

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