Published on:

New York Courts Apply Family Court Act to Domestic Violence Case


A 30-year old man filed an illegal lockout proceeding after his wife locked him out of their apartment. A family court granted an order of protection directing the husband to stay away from his wife and their three minor children who reside with the wife. The husband was also directed to stay away from his wife’s place of employment and to refrain from any communication or other contact with his wife and their child, except court-ordered visitation with their infant child. The order of protection provided that the husband may have supervised visits with his infant daughter on Saturdays between noon and 5:00 PM.

According to sources, the wife was forced to lock her husband out of their apartment because of continuous acts of violence he has inflicted upon her and their child.

The husband denied the allegation of spousal abuse and asserted that it was his wife who initiated their fight, which turned ugly, during the time of the lockout incident. In court, the husband presented a procedural defect in the illegal lockout complaint contending that the complaint did not accurately state his address. The husband also countered that his wife illegally obtained custody of their child. Furthermore, the husband filed a complaint in the City of New York housing department reclaiming ownership of the apartment where his wife and child is residing.

The marriage between the couple was marred with a history of domestic violence. There were several court records showing that the wife had applied and obtained several temporary orders of protection against her husband during the past several years. The court records also showed that the husband filed complaints of illegal lockouts during those past years but those complaints were withdrawn.

The Family Court Act protects victims of domestic violence by providing a civil, non-criminal alternative to criminal prosecution when family members commit criminal offenses. The FCA allows a court to issue an Order of Protection to require a perpetrator to stay away from the home of the victim or a child. In abuse or neglect proceedings pursuant to FCA, a court issues issue orders of protection to safeguard a child’s physical, mental and emotional well-being. The FCA do not just focus on the well-being of the children, but has the primary goal of circumscribing domestic violence.

In this case, the Family Court has already undertaken to determine the relationship among the husband, his spouse, their child by issuing an order allowing the husband only supervised visits with his infant daughter, who lives with her mother at the subject apartment. That order prevents the husband from living in the apartment by permitting only very limited supervised visits with his child, outside the apartment. That Family Court order, by itself, effectively prevents this court from restoring the husband to possession of the subject premises.

Being a victim of domestic violence is difficult not just for you, but also for your children. To ensure that your rights are protected, there are New York Domestic Violence Attorneys who will stand by you and help see you through your case. These Attorneys will argue your side and make sure that you and your loved ones are compensated.

Stephen Bilkis & Associates with its NY Family Lawyers has offices conveniently located throughout the New York Metropolitan area including Corona, NY. Our Attorneys will guide you through your difficult situations so that you may not lose your rights, which may cost you a significant amount of money.

Please know that in addition to Family Law, Stephen Bilkis and Associates will recommend Assault Lawyers who will help you.

Published on:

Comments are closed.

Contact Information