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A father who filed an order of protection against his ex-wife’s boyfriend on behalf of his daughter was dismissed by New York’s trial court for lack of subject matter jurisdiction as the child and the mother’s boyfriend did not have an “intimate relationship,” which is a requirement under the Family Court Act. However, the decision was appealed and it was approved by New York’s appellate court, as reported by the New York Law Journal in a September 27th, 2012 news article.

The father brought the petition because his ex-wife’s boyfriend ill-treated his daughter when he tied her up with a belt in order to reprimand her and then he warned the girl that he was going to put her out on their fire escape. However, he did not put her out on the fire escape as the child’s mother convinced him not to do so. The child became terrified after this instance and she did not want to go back to the mother’s house. According to the visitation schedule, the mother has the child three weekends of the month.

The appellate court granted the order of protection even though there was no intimate relationship between the mother’s boyfriend and the child because of circumstances in this case. The goal of an order of protection is to protect one and put an end to violence. The mother has been dating her boyfriend for more than three years, he lives with the mother, and when the child visits the mother she is spending a great amount of time with her and the boyfriend who lives with her, therefore there exists somewhat of a stepparent relationship.

Jayson Lutzky has been a practicing New York attorney for over 29 years. He is experienced in getting the best results for his clients who are facing family law issues such as divorces, child custody, and child support issues. If you are facing a family law issue, then contact our law office or visit our website at To set up a free initial in person consultation, call 1-800-660-LAWYER or 1-800-660-5299.