NY Family Court Denies Extension of Order of Protection

In a recent New York family court case (C.K. v J.D.) the petitioner, a former wife, sought to extend an order of protection filed against her former husband. In New York, the petitioner must establish several requirements for temporary and final orders of protection. For a temporary order of protection, the petitioner must establish that they have either been subjected to or are in immediate danger of domestic violence by the respondent.

After the court grants a temporary order, the petitioner can file a final order of protection. The court will hold a formal hearing on the matter. The petitioner must present evidence concerning domestic violence and the potential threat of domestic violence. The respondent has the opportunity to defend themselves from the allegations.

The court will consider several factors when awarding an order of protection to a petitioner. This includes the relationship between the parties, any history of domestic violence or harassment, and the current circumstances surrounding the request. If the court decides there is sufficient basis to warrant the order of the protection, it will be granted to the petitioner.

In the case mentioned above, the petitioner had been granted a temporary order of protection and a 2-year final order of protection, but the court refused to extend the final order of protection after the two-year period had elapsed. Below, we will discuss how the court reached this decision.

The background of the case

 The petitioner-wife filed a motion seeking to extend a final order of protection against the respondent, her former husband. She filed a request to compel him to permanently delete any intimate photos in his possession. The wife alleged that her former husband harassed her in various ways, including sharing explicit photos of her and making accusations. This caused the wife psychological distress. The respondent-husband countered that he had not violated the existing order and that the petitioner’s claims lacked evidence.

The initial order of protection was granted in February 2021 after the respondent unlawfully disseminated intimate images of his wife. A temporary order of protection was granted followed by a two-year final order of protection. The petitioner hoped to extend the final order of protection after it ran out.

In the petition, the wife detailed instances of unwanted contact and the dissemination of explicit photos which caused her emotional distress and fear of safety.

The respondent claimed that the petitioner initiated contact with him after the breakup. He denies intending to harass or harm the petitioner.

Order of protection denied 

The court had to decide whether or not to extend the order of protection after the initial order had lapsed. The respondent argued that he did not violate the initial order of protection and that the petitioner failed to establish evidence that the order needed to be extended. In this case, the court sided with the respondent. The court cited a lack of evidence of ongoing (current) harassment. However, the court granted the petitioner’s request to force him to delete explicit photos of his former partner.

Talk to a Rockland County Divorce Lawyer Today 

The Law Office of Robert S. Sunshine represents the interests of couples seeking divorce in Rockland County, NY, and the surrounding areas. Call our Westchester County family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.

Source:

law.justia.com/cases/new-york/other-courts/2024/2024-ny-slip-op-50029-u.html