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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 appeal denying petitioner’s petition to extend her order of protection.

Matter of Ironelys A. v Jose A., 140 AD3d 473 (1st Dept 2016)

In this proceeding to extend an order of protection against my client, the First Department agreed with my arguments that petitioner failed to demonstrate good cause pursuant to Family Court Act § 842 to show that an extension of the order of protection was necessary in order to prevent a recurrence of domestic violence.  The Court accepted my argument that my client has complied with the initial order of protection, and there have been no incidents or violations claimed by petitioner, and no specific claims of fear of continued violence and that it is also notable that when respondent picked up the parties’ child, it was done at petitioner’s residence and not at a police precinct and that petitioner failed to cite any issues that would have required further elaboration or any additional facts that would have warranted a hearing under the circumstances

http://www.nycourts.gov/reporter/3dseries/2016/2016_04449.htm