Access to Protective Orders in the State of New York

In Monaco v. Monaco, 116 A.D.3d 452, 984 N.Y.S.2d 311 (1st Dep't 2014), Levoritz Law Firm won a significant victory when a New York State appellate court affirmed a trial court order granting the firm’s client a hearing on her request for a protective order. This ruling had implications beyond the Monaco case, as New York State courts had previously required any individual who requested a protective order “to establish that the defendant engaged in conduct which constituted a family offense within the meaning of the Family Court Act,” Fakiris v. Fakiris, 177 A.D.2d 540, 544, 575 N.Y.S.2d 924 (2d Dep't 1991). The ruling in the Monaco case implies that the New York Supreme Court (which is the trial-level court of general jurisdiction in New York State) is not bound by the Family Court Act and can instead find cause for a protective order even when an individual does not have evidence of an absolute violation of [...]

By |2018-12-07T20:46:21-05:00March 15th, 2014|

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