New York, NY asked in Civil Litigation and Domestic Violence for New York

Q: I am not certain what type of lawyer I need. I am trying to attain a limited order of protection and theft

I reside in a private house. My mother and her significant other lives in the first floor and my father, son and I live on the second floor. I am also my fathers primary care giver and health care proxy. My mother just comes to our part of the home to aggressively attack us with no provocation physically and verbally. I have called the police but were no help. More recently she broke into my bedroom and took 5 large bags filled with very important documents, my father's birth certificates, and his and my son's social security card. She has even taken cook/bakeware, brand new $55.00 uncut car key. She has refused to return these items. She will either say she does not have it; This is her house and entitled to do and take whatever she wishes or she will return but never does. I am suffering from severe panic attacks which has affected my heart and when she goes on of her abusive tangem's my father's blood pressure escalates and will have a really bad dementia episode.

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: Obviously not the ideal living arrangement. Theft complaints go to the police, but in NYC, these issues are not enforced. You can get an order of protection yourself by going to the criminal court. Ask for the order of protection part. You fill out an affidavit explaining the issues. It is a form they give you. The problem is how to craft the protection, as you live in the same house. And, in NYC, good luck getting the police to enforce these if you call. But, better to have the order than not.

1 user found this answer helpful

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