grounds in NY

twojules said:

What is the name of your state? NY
If I have an order of protection against my husband for harrassment would this be grounds for cruel and inhumane treatment? Background: I left him in 2001. I am living with someone now. I filed for Divorce and it was dismissed after 3 1/2 yrs. I have sole custody of our 2 kids. I am aware he has grounds however he will not file. He will not agree to a sep. agreement. So, will his documented harrassing and abusive (content in emails) 300 emails as of July 31, 2006 starting from Jan 1, 2006, and order of protection help me to refile? Thank you

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twojules said:

I filed in May 2001 under Cruel and Inhumane treatment. After 3 1/2 years in the system and 12 days of trial, judge dismissed my complaint saying that I didnt prove my grounds. I got married in 1988 and he said that in NY the burden of proof goes up in long term marriages. My husband fought me every step of the way. I had undergone psy. eval, mental exam, ordered to turn over my laptop so my husband could get a copy of my hard drive, hair sample test for drugs, urine test for drugs. Of course my husband didn't have to give a reason why he wanted these things like ( there is reason to believe she is using drugs, viewin porn etc.) he asked for these things and the judge said sure!! I complied because I had nothing to hide. I really feel like I was screwed by the judge my atttorny at the time couldnt believe the judge ordered these things. Currently I dont have one because I spent 40K before to have it dismissed. I know its a long shot but had to ask. Thank you

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