A New York wife attempted to have an order of fact-finding vacated, as reported by the New York Law Journal in an October 19th, 2012 decision.
The wife was found guilty in Criminal Court for a family offense against her husband. He brought the charge against her roughly one year ago for disorderly conduct. The Court convicted the wife based on facts and findings and ruled to place the woman on a one-year conditional discharge, with the requirement for her to attend an anger management program.Â Due to the nature of the charge the Court enforced an order of protection against the mother.
The order of protection entered allowed the Family Court to intervene and have jurisdiction over the matter. After attending the anger management program the mother petitioned the court to have the sentencing vacated. The Family Court ruled that her motion to vacate was premature since her conditional discharge year did not terminate until January 2013. Based on that date, the Family Court ruled that the motion had no basis.
If you are seeking a protective order, divorce or child custody, it is advisable to retain the expertise of an experienced attorney. Jayson Lutzky has over 29 years of experience practicing law and understands the importance of understanding new legal developments. He offers free initial consultationsâ€”to set one up, please call his office at (800) 660-5299 or visitÂ www.MyNewYorkCityLawyer.com.