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Problems with sister's ex- Please help ASAP

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ErinGoBragh

Senior Member
What is the name of your state (only U.S. law)? New York

I just received a call from my sister that her ex boyfriend, my nephew's father, may show up to my mother's house where I'm currently staying to try to "mess with me" since I'm her family and called the police on him when he assaulted my sister a short while ago. I've locked all the doors and windows, but I have a few questions.

Even though this isn't my legal residence, can I have him arrested for trespassing? My mother is out of town for the day and has not been reachable by phone.

Can my sister file an OOP against the child's father on behalf of herself, my family, and her son? There is a documented history of police reports of him stalking her, his girlfriend threatening to harm my nephew, and him threatening to come take the child away. Ex has said many times he would like to beat me and my sister/mother up for standing up for my sister.

Does my sister have a chance of being able to keep her ex and his girlfriend from having visitation with their son? Ex is legally the father- signed AOP, is on the BC, pays child support, but there is NO visitation order currently in place. He lives with other two younger children and his girlfriend in an apartment without hot water that is filthy. Girlfriend has threatened to cut up my nephew, ex has threatened he will take him and him and new GF will run away with him and raise him. Needless to say, we are terrified of the possibilities that could happen if ex has visitation. He's been extremely unbalanced, especially as of later, and physically assaulted my sister less than two weeks ago. My nephew is the light of my family, and we will do anything we can to keep him safe within the bounds of the legal system.

I apologize in advance because I know you guys hate third parties asking questions, but my sister is in contact with me by phone as she is at a friend's for the weekend and wanted to see if I could get answers for her.

Thank you so much.
 


CJane

Senior Member
SHE should file for an OOP against him and his GF on behalf of herself and her son. You'll have to file for your own.

Call the police/sheriff and let them know that threats have been made against you by someone you made a report against a short time ago. Ask if they can drive by a few times tonight and if it's possible for you to file an ex parte after hours.
 

janM

Member
With no court orders for visitation, she doesn't have to let the child go with dad. If he files for visits, bring all your documentation (and witnesses if you have them, including any police that have been involved) to court and try to get them supervised.
 

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