Won Affirmance Of Order Of Protection.

Matter of Jolanda K. v Damian B., 150 AD3d 539 (1st Dept. 2017)

In this appeal from an order of protection issued in family of my client against the father of her child, the First Department accepted my arguments that the finding that respondent committed the offenses of disorderly conduct, harassment in the second degree, and assault in the third degree is supported by a fair preponderance of the evidence (see Family Ct Act § 832).  In support of my argument, I showed that my client testified that, while she was nine months pregnant, respondent grabbed her forcefully by the wrist, then grabbed her by the shoulders and shook her, causing her substantial pain, and refused to allow her to use the bathroom. These acts constitute harassment in the second degree. Petitioner was concerned for the safety of her unborn child, who was kicking in a way that petitioner had not previously experienced, and she was in so much pain that she went to the emergency room for medical treatment.  The Court also accepted my argument that respondent’s behavior at the property managers’ office as well as on the street outside the office establishes disorderly conduct (Penal Law § 240.20 [1], [3])

http://www.nycourts.gov/reporter/3dseries/2017/2017_04045.htm