The case involves an appeal questioning whether the Family Court, having found that a victim of domestic violence who has fled the marital home for her safety is entitled to an order of protection, should also have provided a remedy that could restore the victim to her home and exclude her abusers instead of leaving the home in the sole possession of the abusers.
A New York Criminal Lawyer said that according to the records of the case, a middle-aged deaf woman filed petitions for protection orders alleging that she had fled her home because of escalating violence and abuse by her husband and their adult son and asking that the orders provide that respondents be excluded from their common residence. She said her husband physically and verbally abused and threatened her, changed the locks on the marital home and refused to give her a key, and forced her to take drugs against her will, and that their son was verbally and physically abusive. The woman said that she fled to her daughter’s home after two incidents in which her husband, who is confined to a wheelchair, pointed a loaded gun at her and threatened to kill her while he was high on cocaine.
As to her younger adult son, the woman said he punched and slapped her when she refused his demands to cook meals or do other errands for him, made at all hours of the day and night. On numerous occasions, father and son acted together to abuse her. In one instance, they changed the locks on the home and refused to give her a key. It was only after she had left home, retained counsel, and obtained an ex parte protection order that they eventually provided her with a key.
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