Saturday, March 8, 2014

In NYS can I get an order of protection without being hit? My husband is becoming outwardly aggressive and hostile to me.

Q:  My husband and I are going through a divorce. He has been emotionally abusive for most of the marriage. He is generally passive aggressive but has escalated to threatening to "beat the S**t out of me in front our daughter. About 6 weeks before we split he raised his hand to me in anger in front of our daughter and I did make a police report. Now that we are separated for almost 1 year he is sending nasty text messages calling me derogatory words, telling me he won't let me see the kids on Sun., and other bizarre comments.
I am concerned because this is similar to his escalating bad behavior in the past and I am truly afraid of him at this point because I am not sure of what he is capable of. All of his rage is directed at me. Can I get an order of protection? Will it make me look bad?

A:  David's Answer:  Mere words may not suffice for an order of protection, but words coupled with a threat of imminent action do. Thus, his threat to hit you & raising his hand would seem to me to suffice to satisfy a cause of action for menacing. I would also suggest that you communicate to him in writing (text or e-mail) that he cease communicating with you on any issue other than the children & refrain from using derogatory language. You should also consult a Dutchess/Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (

1 comment:

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