Q: My 80 year old mother was assaulted by my 27 year old niece who was drunk and on drugs. The police were called. My mother was hospitalized for 3 days. She is refusing to press charges because my niece has young children and doesn't want them to be taken by social services. Can I contact the courts and request that she be given an order of protection from my niece? Would the courts automatically issue this?
A: David's Answer: If you do not have guardianship or full power of attorney over her, then the Court will most likely not allow you to "petition on her behalf." You'd then be left in a situation of convincing her to file. Your other option is to call Adult Protective Services & file an abuse report and/or call the police. It may behoove you to schedule a consultation with a Dutchess/Westchester Family Law attorney & perhaps bring her in with you so she can hear from a lawyer what her options are. -- David Bliven, Westchester Family Law attorney (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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