Wednesday, October 2, 2013

Can i still be able to file a order of protection thru family court?

Q:  my ex and i have 4 children 14,13&12yr old twins he has not been involved in the kids lives for almost 11 years there was a final order of protection issued by idvc court criminal division and 3 additional charges of contempt of court. The order was 7yrs expired 2 1/2yrs ago last incident was 4yrs ago when he made threats against my unborn baby at the time filed a report with detectived but no arrest since he was across state lines. Now i found out hes secretly been in contact with our 13yr old. Hes never requested or wanted visitation when asked he told the judge no nor has he payed any support.. is it too late to file a restraining order thru family court?

A:  David's Answer:  There is no strict statute of limitations for orders of protection in Family Court, but the real issue is whether you really have a need for an order of protection. Perhaps your efforts are better spent addressing his visitation application. That said, for a full assessment, schedule a consultation with a Westchester Family Law attorney.   --  David Bliven, Westchester Family Law attorney (

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