Can I get an order of protection for someone who harasses me on their own property and in a public space (family law/divorce)?

Asked over 1 year ago - Garden City, NY

I'm currently going through a divorce case and have 3 children. I am legally obligated to be on this persons property a certain times during the day (court ordered custody, drop off/pick up). Whenever I am on the property this certain person harasses me and demands that I get off the property. This also happens in public places such as events, classes, and functions that have to do with the child. This person is not my ex-spouse but related to my ex-spouse. These actions are making me fearful to do what I am legally obligated to do. Can I file a restraining order for this purpose and if so how will it protect me while I am on the property of the person I have the restraining order against.

This should NOT matter at all but I know it does - I am a male and the offender is a female.

Attorney answers (3)

  1. 1

    Lawyer agrees


    Answered . If you feel that the actions have risen to the level of criminal behavior you can contact law enforcement. The family connection may not be sufficient to obtain an order of protection in family court but you can go the the petition clerk and see if they will let you file a family offense petition. Good luck.

    This answer is only for informational purposes and is not meant as legal advice.
  2. Answered . The family connection will allow you to file for an order of protection. Moreover, if this person's behavior has risen to the level of harassment, then you should bring this matter to the attention of your attorney and the judge presiding over the divorce.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  3. Answered . You can file for an order of protection but it may or may not be granted depending on the specific facts of your case and what you are able to prove in court. There seem to be other possible remedies available based upon the information that you provide. I recommend that you speak with and retain a family lawyer/matrimonial attorney for additional information. I provide free consultations and reasonable rates (516) 368-2484.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce and family

Divorce and family covers several issues that can come up during the course of a divorce, such as continuing spousal health insurance.

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