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Court Discusses Order for Protection


In an action for divorce, a New York Family Lawyer said the wife has made two applications for orders directing her husband to leave their marital home, to provide support and maintenance for her and to restrain him from removing furnishings, furniture and personal possessions from the residence.

When the motions were originally submitted, the court discovered that an application for an order of protection was being sent to the court for determination. An inquiry to the court confirmed the said information. In view of the fact that the actions concerned relief associated with the family court proceeding, the court referred them to the family court for hearing and decision.

Based on records, referral of the motions was not made without authority nor was it intended to enlarge the court’s jurisdiction. The family court has original jurisdiction over support proceedings and the applications for support and custody in matrimonial matters.

A New York Child Custody Lawyer said sources also revealed that in orders of protection, the court may provide not only that a person will stay away from the home, spouse or child but it may also permit a parent to visit the child and require proper attention to the care of the home. The family court also has authority over any proceeding concerning acts which would constitute disorderly conduct, etc., between spouses or between parent and child.

Consequently, when the motions were referred to the family court, there was sufficient authority for that court to act.

The wife also seeks an order giving her exclusive possession of their marital home and restraining his husband from removing property from there. A Long Island Family Lawyer said it was indicated in the transcript of the testimony that an order of protection would be granted directing him to stay away from the house until he wants to pick up his files.

The court stated that they received the copy of the order of the court which contains the direction that the husband shall stay away from his wife at all times until further order of the court. But, it raises some question as to how the man will obtain his files and visit his children. Then again, the court order must be observed. Since the court order in effect gives the wife exclusive possession of the marital home, her request for relief with that regard is denied.

The affidavit submitted by the husband states that he has been paying his wife at the rate of $50 to $60 per week for the support of herself and the children even if the wife claimed that the payments are more like $10 to $60. A Staten Island Family Lawyer said the woman also alleges that she has an income and cash assets which may exceed more than her husband have.

On condition that the man will continue to support his wife and sons by paying her no less than $50 per week and the carrying charges on the marital residence, including the mortgage payments of interest, amortization, taxes, and the fuel and utility bills except for telephone service, the woman’s request for temporary alimony and support is subsequently denied. A Nassau County Family Lawyer said the man’s payments shall be made regularly on Friday of each week by check or money, mailed to the woman at their marital home.

The court avers that the order to be settled in agreement with the decision must allow the man to visit his sons but away from the marital residence. But, the court is aware of the court’s order which requires the man to remain away from his wife. It established some complication which the court thinks that it can be resolve by providing that on every occasion for visitation the boys shall be transported to the man either outside the marital home or at his place. It is of course most desirable that the parties must agree on the provisions of visitation.

Misunderstanding between couples can lead to separation. Whenever you want to file for an order of protection against your partner, you can seek legal guidance from the Suffolk County Family Attorney or Suffolk County Order of Protection Lawyers. If you want to hire the services of the Suffolk County Divorce Lawyer, just visit or call Stephen Bilkis and Associates office.

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