Can I file a violation of an order of protection based on the facts shown below?

Asked almost 2 years ago - Brewster, NY

After suffering years of excessive corporal punishment from his father, my son recorded his father striking his brother repeatedly. I was able to get an Order of Protection that prohibits corporal punishment but the new judge was unwilling to limit visitation since there is a long history on our case. The next weekend my sons went to their fathers house and he got into an altercation with my son. One of the things that caused the fight was that he told my son he would accuse him of sexually abusing his brother in retaliation for him recording him striking his brother. During this fight he shoved my son up the stairs and proceeded to pound on the bed screaming at him. Can I file a violation? I am extremely worried about his threat to my son.

Attorney answers (4)

  1. Howard A. Schwartz

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  2. Joseph A Lo Piccolo

    Contributor Level 20

    4

    Lawyers agree

    Answered . Sounds like you can. Go back to family court.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. David Ivan Bliven

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

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