Won Affirmance On Behalf Of Child To Five Year Order Of Protection Against The Father.

Matter of Angela C. v Harris K., 102 AD3d 588 (1st Dept 2013)

In an appeal by the father of five year order of protection granted by Family Court on a motion for summary judgment where I represented the child on appeal, the First Department accepted my argument that the father’s conviction on four counts of aggravated harassment in the second degree as to petitioner serves as conclusive proof of the underlying facts in the instant proceeding, since he had a full and fair opportunity to contest the issues raised in the criminal proceeding and that Family Court properly found aggravating circumstances, based on respondent’s conduct in sending harassing letters to petitioner from prison in repeated violation of the prior order of protection (see FCA § 827 [a] [vii]), his criminal conviction of four counts of aggravated harassment with regard to petitioner, and his aggressive threatening conduct in court, which the court observed and determined constituted an immediate and ongoing threat to petitioner.  The Court accepted my argument on behalf of the child that although respondent’s threats were directed at petitioner, they impacted upon the child, and thus the Family Court properly issued a five-year order of protection in favor of both the mother and the child and that a full stay-away order was also appropriate, since the father had no relationship with the then six-year-old child due to his incarceration from the time the child was only four months old.

http://www.nycourts.gov/reporter/3dseries/2013/2013_00420.htm