It certainly sounds like a violation of the order of protection. It also sounds like there are a number of complicated issues. You should consult with an attorney to discuss all of the facts and options. Good luck.
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Sounds like you can. Go back to family court.
Joseph A. Lo Piccolo, Esq.
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I assume the Order of Protection also prohibits assault and harassment (as defined in the Penal Law) so if it does I think there is a case for a violation. I'm sure the father will have a different story.
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I also agree - if the order prohibits corporal punishment, and he shoved the child, then this at least arguably is a violation. Your next step would be to file a violation petition. I also suggest to contact the children's attorney. I further suggest that you schedule a free consultation with a Westchester Co. Child Custody lawyer.
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