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My wife and I have a 33-year-old son who has a history of…

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My wife and I...

My wife and I have a 33-year-old son who has a long history of drug use, jail and treatment time.He has made our lives a living hell for most of the time. He gas repeatedly stolen our property and the property of his siblings, grandparents and the neighbors. He lies constantly and never to be trusted. My father inlaw requires 100% attention because he has dementia. I just had a major back operation and will need the assistance of my wife for a least 3 months.We do not feel safe when he comes around. Keep in mind that he spend 3 years in jail for assaulting an elderly lady at a bank ATM so our fears are justified.I am assuming that a "Order of Protection" would help us. We already come to the understanding that someday we will get a call to ID the body. In meanwhile our health is threatened by him. Thank you.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Have you talked to a lawyer yet?

No on this subject

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We are all done

Submitted: 8 months ago.Category: Criminal Law
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Answered in 2 minutes by:
11/11/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,381
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

If he has acted in such a way that you are fearful for your safety, you could get an order of protection in New York through either the Criminal or the Family Court system. One he is served with the order, either a criminal or a civil order would require him to refrain from any contact with you and would subject him to an arrest if he violated the order along with other charges.

A criminal protective order would require your going to the police and reporting the crimes he has committed against you such as his stealing and any harassment or threatening behavior. He would be charged with a criminal case and you and your wife would be granted a protective order while the case is pending. The DA would handle the case from there, and unless you were needed for hearings and/or trial, you wouldn't have to go to court. Any conviction, whether by plea or by verdict, would include the extending of the order for a period of time to be specified by the judge.

For a civil order of protection, you would file for an order through the Family Court. This would not make him a defendant on a criminal case, so it's the better way to go if you're concerned about giving him a criminal record. Again you'd need to allege reasons that his behavior makes you fearful for your safety. That would get you a temporary protective order which would have to be served upon him. Then you'd be required to attend a hearing to convert the temporary into a permanent order. At such a hearing you'd present your evidence to show that you are in need of such an order. He would be present as well to present evidence that no order is necessary. The judge weighs the evidence and decides whether to make the order permanent or lift it. A lawyer is not required though it's always recommended.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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