An appellate court panel reversed the decision of a lower Family Court related to a temporary order of protection according to the New York Law Journal on June 23, 2014. A man accused a woman of harassing him and his child. The woman was not related to them. In the court, the judge ruled that a woman must stay away from both the man and his child and issued a temporary order of protection.

The man told the court that the woman “willfully violated” the temporary order. There was going to be a trial, but then the man moved for summary judgment. He was granted summary judgment, meaning that the court sided with him and therefore, there was no need to determine anything in a trial. As a result, the temporary order of protection was granted anew. This time, it was to last for two years, but the woman appealed this decision.

The lady claimed that she did not willfully violate the order. She acknowledged, however that she saw the man one time, which was against the court’s orders. She alleged that she saw the man in a parking lot, but immediately left. She did not think he was going to be there because she was going to meet the child’s mother 30 minutes after the mother and father exchanged custody of the child (the mother was giving the child to the father), but the timing was off. The visit’s time had been switched, which was why the lady saw the man with the order of protection, but the mother did not have time to notify the woman in advance. The court then reversed the lower court’s summary judgment decision that granted the man summary judgment. Because there was an issue of fact, whether or not the woman willfully violated the order, meant that a trial will be necessary to conclude the matter.

Jayson Lutzky is a Bronx, New York attorney who handles family court matters. He has over 31 years of experience practicing law. If you would like to talk to Mr. Lutzky regarding an order of protection, child custody, visitation, child support or any other legal issue, then call his office at 718-514-6619 to set up a free in person consultation. You may visit www.MyNewYorkCityLawyer.com to learn more about the lawyer.