Extension of Order of Protection successful on Appeal
Family Offense Proceeding- Nature of Relief- Order of Protection Extended for Two Years
I obtained an extension of an Order of Protection for Petitioner in the matter of Valenti v. Valenti after providing Family Court with evidence that Respondent was stalking Petitioner and/or the parties’ children, while the Order of Protection was in effect, resulting in Petitioner fearing for her safety. I argued that the existence of the Order of Protection was keeping Respondent at a distance, and that upon the expiration of the Order of Protection, Respondent’s conduct reasonably made Petitioner fear for her safety and that of the children. Judge Hahn agreed with this position, based on testimony and evidence presented at trial.
Respondent appealed, primarily because he had consented to the initial Order of Protection that I was seeking to extend, and that since he did not consent to an extension, it could not be extended by the Court. The Appellate Court did not agree and affirmed the decision of the Family Court. Valenti v. Valenti, A.D.3d —, — N.Y.S.3d — (Second Dept. 2018)(2018 WL 1075722)(Feb. 28, 2018)
“Family Court providently exercised its discretion in granting petitioner’s application for two year extension of order of protection previously entered on consent where record demonstrated petitioner’s fears of harassment by respondent were reasonable and there was “good cause” to extend order of protection. See, FCA § 842; Matter of Molloy v. Molloy, 137 A.D.3d 47, 24 N.Y.S.3d 333.”
This decision helps to protect domestic violence victims, who do not need to wait for a new incident of domestic violence to occur, before seeking the protection of Family Court.