Q: Back in December 2014 I was cursed at, threatened and almost hit by my son's, fathers, girl friend in front of my son. He is terrified to see her and the courts aren't listening to me and allowing me to get a restraining order. Last Monday the 6th I was given one till april 6th 2016 and she violated it so I called the cops and had her arrested. She filed against me over it yesterday and turns out the judge gave the wrong papers and now I am in trouble over their mistake and the girl friend has a restraining order on me. I don't know what to do as I am the victim here trying to do whats best for my child, But im being accused of harassment when I did nothing to her.
A: David's Answer: The Family Court wouldn't generally have any jurisdiction to ultimately issue you an order of protection against the father's girlfriend. The reason is that while you may have a familial relationship with the father, you don't with respect to his girlfriend. Your remedy may solely be with the police. Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment. -- 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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