Divorce: New York

Divorce: New York

Tag Archives: Order of Protection

Support Check Memo Line Comments Violate Order of Protection

Posted in Family Offenses
Finding statements made by a father on the memo portion of three child support checks offensive, the Appellate Division, Second Department, found that such violated the mother’s order of protection. Doing so in its February 3, 2016 decision in Clovis v. Clovis, the Second Department reversed the order of Orange County Family Court Judge Andrew… Continue Reading

Extending the Order of Protection: Defining “Good Cause”

Posted in Family Offenses
What is the “good cause” needed to extend a Family Court Order of Protection nearing its expiration? In its January 20, 2016 decision in Molloy v. Molloy, the Second Department, answered that question. The parties were married in May 2002, and are the parents of one child. In February 2010, the wife filed a family… Continue Reading

False Accusations of Spousal Abuse in Custody Determinations

Posted in Custody and Visitation
Last month, recognizing Domestic Violence Month, we reviewed the Second Department decision in Costigan v. Renner  which affirmed the granting of custody to a father because of domestic violence by the mother.  Indeed, since 1996, consideration of domestic violence has been mandated in custody and visitation cases.  Section 240(1) of the Domestic Relations Law provides in part: Where… Continue Reading