Q: My Now Husband and I had problems in the past b4 we were Married and I had two order of protections on him the second one I did not know was still in effect we got married when the first one expired , come to find out this next one doesn't expire till October this year , and now we have a new born baby we are getting a lawyer to see if they can drop it , I know most judges are reluctant to do so . Can they possibly move this case to family court to drop it so he doesn't have to worry about seeing his son an living with us..
A: David's Answer: If your present case is in Criminal Court, then it cannot be moved to Family Court. That said, the DA should consent to amending the order to allow for visitation. He may then need to commence a Family Court visitation proceeding. Speak to a Family Law attorney in your area. -- 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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