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Girl Unable to get Order of Protection Against Boyfriend’s Wife!

This is a case involving two women who have children from the same man. The Queens Family Court has held that this does not place them in an “intimate relationship”; therefore, they have not met the standard for an order of protection regarding non-family members under the jurisdiction of the Family Court in the State of New York.

In 2008, the Family Court Act in New York expanded the jurisdiction of the Family Court, allowing the court to issue orders of protection to extended family members outside the immediate family.

In a case before Judge DePhillips, a father had three children. One by his wife, Mary R., and two by his girlfriend, Jane P. The father, at the present time, lives with his girlfriend and their two children. His wife lives at a separate location with his other child.

The father and wife are not divorced. The father has never divorced his wife, they just live separately. They’ve also been litigating issues involving custody of their five year old for a considerable period of time. In August of 2010, the wife obtained an order of protection from the Family Court against her husband. On the very same day that the wife received an order of protection against her husband, the girlfriend received an order or protection against the wife. This was based on the girlfriend’s allegation that the wife had pushed one of her children and threatened to kill her if she didn’t leave her husband alone.

Judge DePhillips was faced with the issue as to whether the Family Court had jurisdiction to render an order of protection between the girlfriend and wife. Judge DePhillips dismissed the girlfriend’s request for an order of protection. She found that the two mothers relationship was only incidental to the ongoing litigation between the father and the mother for custody of their five year daughter and, therefore, the Family Court did not have jurisdiction to grant this order of protection. Judge DePhillips stated that, since there was not a stepmother relationship between the girlfriend and the mother, there wasn’t a sufficient connection between them to create an extended family to bring the application for the order of protection within the confines of the Family Court Act. The order of protection application by the girlfriend was therefore dismissed.

Long Island Divorce Lawyer

The Law Offices of Schlissel DeCorpo has been representing both men and women in divorce proceedings for more than thirty three years. We litigate all types of matrimonial and family court related proceedings including, but not limited to, orders of protection; child custody; child abuse; child neglect; divorce; divorce grounds; annulment; division of property; fathers’ rights; mothers’ rights; and high net worth divorces. In amicable situations, we participate in mediation, drafting pre-nuptial and post-nuptial agreements and separation agreements. We also represent individuals in same sex relationships. Feel free to call us for a free consultation.

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