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Impending Court Date - Please Help!

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law_ny1

Member
What is the name of your state? NY

Hello:

I have an impending court case of aggravated harrassment and Order of Protection against my estranged brother, which if you want some background on this, I recently posted an unanswered topic here:
https://forum.freeadvice.com/showthread.php?t=244834

However, a more urgent question I need to ask help on, is my concern of my mentally unstable brother, backed by his(my) estranged parents will try to bump off topic this case of harassment. (Old stubborn father and controlling mother) My brother has constantly harrassed me in public places, via email, phone etc. My blinded parents see it as an on-going spat between two child siblings - but it has far crossed that line long, long ago. I have asked my mother to intervene, but either condones or has no control over him

He and my parents have been subtely threatening and harrassing me and trying to involve my children, and I believe concocting, some sort of way to FORCE visitation and will almost definately TRY to bring up this in court.

I know they have tried to contact the GRO, he's threathened me with court, and just TODAY, after years of not even talking to me or acknowledging me or my children's existence, MY "FATHER" has threathened me to withdraw or else.- go nuclear. He has an "ACE" up his sleeve what that means I'm not sure. He tells me he will bring up embarassing things and further talks about my toddler son (i have two baby daughters he never met or bothered to ask about) Also, once in the middle of the night - cops were sent to my door regarding the welfare of my child - outrageous!

My wife, in-laws, and I are getting concerned that this court case will get out of hand, and I am now getting harassed and threatened by my parents, and I want some action against them too. I tried to avoid it, but this is going too far. PLEASE HELP ME WITH HOW I SHOULD HANDLE THIS contingency in court. Anxiously awaiting a reply.
 


Zephyr

Senior Member
I don't think they will be able to bring up, or at least won't have any decisions made regarding your children, during this court case, this court case is about your brother harassment of you nothing else, and I am sure the judge is not going to let them turn his court into the three ring circus it sounds like they want to bring. hang in there :)
 

law_ny1

Member
Follow-up...

THx for your reply. I will certainly try to hang in there. This has become a huge burden and diversion in my life set with challenges of my family, three children, job, etc.

I was wondering if I should present to the judge this poison-pen letter from my Male Parent threatening me to withdraw the case? It may open a can of worms, but his action can certainly be deemed as unlawful - to threaten someone to withdraw a legal proceeding - RIght? What2do?
 

Zephyr

Senior Member
I would certainly hang on to that letter, I know that trying to intimidate a witness is a crime, but I don't know where the line between witness and petitioner is, hopefully someone else here can help more.


oh and just a side note, you may want to delete your post from that other thread, that I think, is hijacking a thread, it isn't really fair to the original poster
 

LdiJ

Senior Member
They definitely won't be able to turn the case against your brother into anything else.....but don't be surprized if it doesn't stop them either. It may be time to move.
 

Bay1954

Member
Stop and take a deep breath. The two issues are separate and they can be handled in that way. Do what you have to do to protect yourself against the abusive brother.
Your parents could sue you and your wife for grandparent visitation in NY (DRL 72) but, even though this statute has so far been ruled constitiutional in the lower NY appellate courts, there are ways for fit parents to win.
Take it one step at a time. Your brother is abusive and he is harrassing you--deal with that first.
Worry about the next step later.
 

law_ny1

Member
Another inquiry - Tomorrow is D-Day!

Thank you, much for your reply. I agree that is the best approach. I am however concerned that based on recent events, that I will have to myself bring in the topic, bc I believe they are all working in tandem, and the harassment definately extends to my parents, as I would want on record their threats to me and my children. What says you? Thanks! Last day before court!
 

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