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  1. #1
    Join Date
    Jan 2012
    Location
    New York City
    Posts
    19

    Default How Bad Must a Situation Be to Get an Order of Protection

    My question involves restraining orders in the State of: New York

    I had a restraining order against my daughter's father after he had assaulted me and was convicted of DV. It expired about 4 years ago.
    (I have full custody and he has supervised visitation with his daughter, which he does not utilize)

    Does he have to threaten me physically for me to get an order of protection? Or is it enough that past behavior and current trends indicate he could be a threat?

    He shows up at my door unannounced, and sometimes at night, in the dark, a few times a year to see his daughter.
    I have let them visit (he only stays for a 1/2 hour) to "keep the peace" - but it's unnerving thinking he can show up at anytime.
    When here, he gets nasty and belligerent with me, calls me names, says I'm stealing the $200/month child support, stupid things like that.
    And last night he called my home, and was saying that I was crazy, that he was going to stop child support, that I would "see."
    No harmful threats. But I'm scared. He's a big guy, an alcoholic, and I can't stop looking over my shoulder.
    And these negative contacts are increasing.

    He can see his daughter through supervised visitation(through age 18, she's 16 now). That was set up so we did not have to have direct contact.
    I'd like him not to show up at my door, or to be able to call me.

    Thank you for your help.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Criteria for an Order of Protection - How Bad Does It Have to Be

    Tell him if he shows up between certain sleep hours, you are not going to answer the door, you are going to call the police and report him as a trespasser who has been given notice.

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