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Can I have an order of protection for my children from ex-wife's father?

Canandaigua, NY |

I'm going through divorce and wanted to know if I can have an order of protection for my children from my soon-to-be ex-wife's father, who is extremely negative, has labelled me an enemy, threatened people that gave me shelter when wife kicked me out of the house, and is financing the divorce. In my mind, there is no doubt whatsoever he will mistreat my children and be an extremely negative influence in their lives. My soon-to-be ex-wife and her father are very close, and almost act like married couple (sickeningly). I want to know if I can legally have him removed from their lives for the reasons I mentioned above. He has a twisted idea that anyone not related by blood is not really family. And my daughter is adopted. I want so save her from his rotten thinking. Hard to prove in court!

Attorney Answers 3


  1. A divorce court order of protection can be entered against the father, but you fail to specify what crime he is committing that would serve as a basis for the OP. Is he committing disorderly conduct, menacing or stalking? He's badmouthing you to the mother and child but OP's are not entered for bad judgment, at least not yet. Hence I believe you cannot get one.

    Good luck.


  2. Have you brought this up with your attorney? if not then do so now. You can also bring an action in family court against her father and seek an order of protection for you and your daughter (it is irrelevant that she was adopted). Further keep a log of all things that have happened and write down any new ones that do, there may be a criminal act involved such as Aggravated Harassment. Good luck.

    The advice I have given does not bind the parties in any manner and is merely given as a courtesy.


  3. An order of protection will only be granted if a family offense was committed. It does not seem that the court would grant one under the facts that you describe, such as "rotten thinking." You should speak with and retain an attorney in your area for additional information.

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