How can I secure a final order of protection from my ex spouse?

Asked 11 months ago - Bronx, NY

We have a IDV court apt pending and cross orders of protection. He made false allegations against me and I was arrested for aggravated harassment. He was also arrested the same weekend for the same thing from a report I made a year prior in regards to stalking and other violent behaviors he did to me. I fear once the court date is over he will resume these behaviors since my attorney said there is a 99% chance both cases will be dismissed. I want to relocate with my kids to get away from him and will have to petition the court since he will not agree. I fear this behavior will escalate when he catches word of this.

Attorney answers (3)

  1. Ernest DuBose

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . You will need to show evidence of imminent risk. Which means you will need to show real evidence of something that he has done to really hurt you in the more recent past. A good attorney would be able to accomplish this for you.

  2. David Ivan Bliven

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . I really cannot assess your chances of getting an order of protection without knowing the allegations as well as what proof you have of those allegations. Also, do you have both Family Court as well as Criminal Court orders of protection, or just criminal court? If just in criminal court, then your other option is to file a Family Court order of protection, which has a much lower standard of proof. In any event, you're well-advised to schedule a consultation with a Bronx Family Law attorney for a full assessment.

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  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Without knowing your facts and seeing your proofs, there is no way to say how you can get a "final" OP.

    Good luck.

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