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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Won affirmance upholding order of protection.

Matter of Melinda B. v Jonathan L.P., 187 AD3d 631 (1st Dept. 2020)

In this family offense appeal, the First Department upheld an order of protection, in accordance with my arguments that Respondent’s behavior, in attempting to strike petitioner with a bat, shoving her into a wall, and threatening the subject child, were done with the intent to alarm or seriously annoy petitioner and served no legitimate purpose.  The Court further accepted my argument that Family Court did not violate his due process rights by including in its order events to which respondent testified but which were not contained in the original family offense petition. Family Court had the authority to conform petitioner’s pleadings to the proof, sua sponte

http://www.nycourts.gov/reporter/3dseries/2020/2020_06046.htm