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On August 7, 2009, the Family Court of Kings County New York received a petition for an order of protection

On August 7, 2009, the Family Court of Kings County New York received a petition for an order of protection. The Order seeks to prevent the live in boyfriend of the mother of the subject’s children from having contact with him. The petition arises from a situation where the live in boyfriend of the mother of the subject’s children got angry with him and on June 19 of 2009 placed several phone calls to the subject. These phone calls were of an insulting, threatening, and harassing nature. The subject is sure that the calls came from the live in boyfriend of the mother of the subject’s children. In addition to these phone calls, this subject maintains that the live in boyfriend of the mother of the subject’s children has also physically threatened him on at least three other occasions in the last seven months. The subject, a man from Kings County, stated that these occasions have placed him in fear. He fears that live in boyfriend of the mother of the subject’s children will physically harm him in some way. He requests that the court issue this order of protection which would prevent the live in boyfriend of the mother of the subject’s children from coming close to him. He requests that it limit live in boyfriend of the mother of the subject’s children from getting on his property, or place of business, and would prevent him from having any contact at all with this Kings County man. The Kings County man also acts that this petition limit the live in boyfriend of the mother of the subject’s children from being present while the Kings County man visits with his children. This Kings County man makes this application to New York Family Court in Kings County.

The reason that this petition is of interest is because of the nature of the relationships involved. In order for a case to be considered by the Family Court of Kings County, the party who requests the petition, in this case the Kings County man, and the person with whom the order is directed, in this case the live in boyfriend of the mother of the subject’s children, must have a domestic relationship. In this case, the live in boyfriend of the mother of the subject’s children have a domestic relationship in that they live together in the same residence and have a romantic relationship together. The Kings County man who is the petitioner on this order of protection has a domestic relationship with the mother of his children in that she is the mother of his children. However, the Kings County man and the live in boyfriend of the mother of the subject’s children do not have a domestic relationship as defined in the statutory law.

Because the two parties named in the petition for a protection order do not have a domestic relationship under the statutory guidelines, he cannot qualify for a domestic violence temporary order of protection provided by the Family Court Act. The petition is dismissed.

Issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional. Here at Steven Bilkis and Associates, we provide New York Order of Protection Attorneys, New York Domestic Violence Lawyers, New York Assault Attorneys, and New York Criminal lawyers. New York Family Lawyers will stand by you and ensure that your rights are protected. New York Personal Injury Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are rightfully awarded compensation for your suffering.

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