My question involves restraining orders in the State of: NY
I have a full stay-away OOP on my wife, including the children. I have full custody of the kids. My wife just violated the order by showing up at the babysitter's house while I was working. I filed a complaint with the city police and they would not charge her. They told me to petition for a violation in family court. My wife's boyfriend drove her to the babysitter's house, since she had her license revoked. He parked several houses down from the babysitter's so, I am certain that he knew about the order.
Obviously, I am petitioning for a violation of the court order on my wife BUT, is there any reason that I can not also get an order placed on this guy since he is now an accomplice? I really don't see any reason why this guy should be around these kids either now?
My second question, which only a lawyer will be able to answer is; can I have this guy charged for anything criminal. I mean, come on; you are going to park half-way down the block from the sitter's and not ask questions! I understand that it would be a tough thing to pursue, but I am interested in knowing even if it is a small charge, because it is certainly causing me lost time at work and a whole lot of distress.