Queens, NY asked in Civil Rights and Family Law for New York

Q: Why my husband came with the police in the house if I did not ask for an order protection

My husband and I have a fight,I call the police because he was agresive with me and stole my phone ,next day someone from the station came to our home to tell me that he’s free to came back home anytime he want if I don’t ask for a protection order,I did not ask for a protection order because we have a baby so I wanted that he sees his father who maintains the house,in the afternoon he came back home with police civil standing to pick up his belongings and the police tell me that we can’t talk to each other and only with his lawyer,he’s allowed to take his son when the lawyer calls me ,what means that I did not put an order of protection against him

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: If your husband returned with the police without a protection order in place, it may have been for a few reasons. Firstly, the police may ensure that the situation remains peaceful and safe for all involved while he collects his belongings, especially following a reported incident. It’s standard in many jurisdictions for police to accompany someone to prevent any further confrontations or issues.

Since you didn't request a protection order, your husband legally retains the right to enter the house, unless the court states otherwise. The officers present likely were there to monitor the situation, ensuring that no further aggressive behavior occurs during the interaction. The restrictions on communication they mentioned might be temporary measures to keep peace until legal or family mediation processes are in place, especially in situations where there was a conflict.

Regarding your child, the police mentioned that your husband could see his son when his lawyer contacts you, which indicates that any visitation or custody matters may need to be resolved legally. It would be wise to consult with a legal advisor to understand your rights and responsibilities in this situation fully and to ensure the well-being and safety of you and your child. They can provide guidance on how to proceed with or without a protection order and what steps you can take to address custody and visitation safely.

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