Miami Beach, FL asked in Family Law for New York

Q: So if i don't agree to reopen the family offense petition from two years ago the judge can't just grant her a five year

My wife and I are going through a custody battle and have had no issues during our exchanges although once in a while she will claim that I bother her during some of the exchanges. I don't do that but shes asking for a five year order of protection I believe to use to intimidate me or control me. she has violated the order of protection twice, once assaulting me while i was holding my 2 year old daughter and she was arrested for endangering the welfare of her children. In your opinion should i agree to reopen the original family offense petition? we were both originally granted a one year order of protection. right now they have just been extended during our trial.

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: Unless there is a violation petition that has been filed, the case cannot be reopened because she now wants a 5 year order. In addition, certain requirements have to be met for a 5 year order to be granted.

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