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

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.

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Attorney answers 3


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.



Thank you for the quick and helpful answer Mr. Schwartz. It's a shame that I have to live in fear and constant stress when all I want to do is pick up and drop off my children so I'm hoping that there is something I can do.


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 Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. I can be reached any time at 347-289-5886. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship


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.

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