Order of protection

[TwinsDaddy]

What is the name of your state (only U.S. law)? NY

I have filed an order of protection against my wife for harassment. We are scheduled to goto family court next month for this order. Her lawyer hasn't seen the evidence I have against her and is threatening me with counceling fees and sanctions if I do not withdraw the petition.

Basicaly he is trying to bully me. The exact words in his letter were "If I do not recieve proof by January 4, 2010, that you have withdrawn your petition, I will be seeking counceling fees and sanctions against you for your frivolous petition."

I cannot afford a lawyer and will be defending myself with my word and the paper evidence of text messages and phone records.

I want to know if I should also file a order of protection against her lawyer for harassment? I read his letter as such... "you have no right to stop your wife from writing you nasty messages and cursing you out on the phone. If you even try to say anything I will bury you with more lawyers bills and will even try to restrict you from seeing your children." Which by the way in one of her letters she mentions that I shouldn't have any cutody of my children. (I am not the custodial parent).

Does anyone have any experience with this?

Thank you and happy new year

 

[Banned_Princess]

In NY there is a restraining order (no contact) , and there is a refrain from order, (refrain from abusing the other person)

And you ABSOLUTELY have the right to stop her from verbally abusing you, and you should continue on with your petition.

Good luck.

 

[JETX]

I want to know if I should also file a order of protection against her lawyer for harassment?

Of course not. Nothing in your post even suggests that to be appropriate.

Go to court as you expect and let the 'chips' fall where they may.

 

[TwinsDaddy]

Thank You both very much and happy new year

 

[Ronin]

An Order of Protection?

A 'no contact' order between parents for the offense of 'cursing out' and 'nasty emails' would be largely impractical and senseless.

A 'refrain from' order is difficult to enforce for generally antagonistic behavior between divorced spouses, much of which would arguably fall within ones rights of free speech.

It appears that any evidence in support of this request for protective order was not deemed sufficient for the court to grant a temporary order.

Without knowing exactly what was said in the 'nasty emails' or the 'cursing out' by phone, it's not a big stretch to believe at this point that this request for Protective Order may be deemed to be frivolous, or at least without merit. Even more so since it is a pro se filing.