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When one party to a relationship appears in the Family Court and requests an order of protection, there is a tendency for judges to grant these requests. The initial order of protection, given on an ex parte basis (without the other party having his or her day in court), is called a temporary order of protection. Unfortunately for the fathers, a large majority of temporary orders of protection are given to mothers. This can cause the father to be completely cut off from his family. This means he may not communicate, see, or visit with his children. This can also result in the father being immediately thrown out of his home or apartment. To obtain his clothing and personal possessions, he needs a police escort and he can only take on that occasion what he can carry with him. Imagine, one day, being part of a warm and loving family and, the next day, being on the street with no communication with your wife or your children. What’s more is that you cannot return to your home. Although there are many valid situations for granting an order or protection, my experience is that if a woman comes into court and sheds a few tears and claims she’s afraid of her husband, most family court judges will grant an order of protection. Often no hearing of any type is held. A woman makes a series of general allegations, she receives a temporary order of protection and the father’s world is rocked!

Orders of Protection Affecting Children

Children have two parents, a father and a mother. They want to love both of their parents. In cases where they have relationships with both parents and one parent is abruptly removed from their life, it causes the children to be confused and upset.

Sometimes after the father is removed from the home the mother engages in parental alienation syndrome (bad-mouthing of the father to the children). When one parent bad mouths the other to the children and that parent is out of the children’s lives, the children are subject to what is referred to as parental alienation syndrome. This causes the loss of respect, love, admiration and feelings for the other parent. It turns the children against the other parent.

Family Court Judges

Family Court Judges are placed in a difficult positions. When they are unsure as to whether a woman truly needs an order of protection, they generally err on the side of caution and grant a temporary order of protection. Men should receive a hearing within a short period of time upon being thrown out of their homes. Unfortunately, due to the large number of cases pending before the Family Courts, the quick hearing doesn’t take place for many months. The man is removed from his home and then returns months later when it’s found out there was no real basis for the order of protection. This has an extremely negative effect on the man’s life. Men need to be protected in these situations!

New York Fathers’ Rights Attorneys

We are the fathers’ rights lawyers at the Law Office of Elliot Schlissel. We have represented fathers in all types of litigation, before the Family Court and Supreme Court, for well over thirty years. We represent fathers in divorce proceedings. We litigate child support issues, child custody matters, spousal maintenance issues and downward modifications of child support proceedings.

We represent fathers in relocation proceedings, child abuse and child neglect proceedings. We negociate separation agreements on behalf of our clients. We defend fathers when there are allegations of child abuse and child neglect by either Administration for Children’s Services (ACS) or Child Protective Services (CPS). We also assist fathers in high net worth cases and with regard to the equitable distribution of assets in divorces. Feel free to call us for a free consultation a 1-800-344-6431, 516- 561-6645 and 718-350-2802.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore