137 A.D.3d 47
N.Y. App. Div.2016Background
- Petitioner and respondent married in May 2002 and have one child.
- In Feb. 2010, petitioner filed a family offense petition; baseline two-year order of protection issued.
- As expiration approached, petitioner sought a five-year extension under Family Court Act § 842, citing alleged violations and safety concerns.
- Criminal Court later issued a two-year order of protection for the petitioner after respondent pled guilty to disorderly conduct, with ongoing interaction between parties for child-related matters.
- Family Court denied extension, holding that the criminal order achieved the goal of § 842.
- Appellate Division reversed, granting a five-year extension to November 30, 2018 based on good cause and safety concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good cause supports extension under § 842 | Molloy shows ongoing risk and interactions | Criminal Court order suffices; no need for extension | Yes; to extend to 2018 for five years |
Key Cases Cited
- People v. Wood, 95 N.Y.2d 509 (N.Y. 2001) (orders of protection may be issued by both Family and Criminal Courts)
- Matter of Alfeo v. Alfeo, 306 A.D.2d 471 (2d Dept. 2003) (protective orders may coexist across forums; extensions appropriate)
- Matter of Waldman v. Waldman, 47 A.D.3d 637 (2d Dept. 2007) (contextualizes 'special circumstances' and extension standards)