QUESTION

The mother of my daughter wants to put a restraining order on my girlfriend from seeing my daughter can she do that?

Asked on Oct 18th, 2021 on Domestic Violence - New York
More details to this question:
We have been going at it for a while now my current girlfriend is actually an old acquaintance of the mother of my daughter they had one disagreement before in the past and now she wants to put a restraining order on her from being around my daughter
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1 ANSWER

Assault Attorney serving Islip, NY
3 Awards
Order of Protection are typically issued in two ways.    1) Through the family court - if there is some type of intimate relationship a person can make an application for an order of protection in the family court - these are some examples - related by blood or marriage, have a child in common, they were in an intimate relationship, or they were in a relationship and lived together. It doesn't sound like this is the case here.  2) Through the criminal court - in order for the criminal court to get involved and issue an order of protection, the mother of your daughter would have to contact the police department and have your girlfriend arrested. In order to do that, some type of criminal conduct would have had to have occurred, otherwise the police will not make an arrest if they do not have probable cause to do so. If the mother of your daughter can credibly allege that your girlfriend committed some type of criminal conduct against her or against the child, then it is possible that the police will get involved.    I hope this information is helpful.   
Answered on Nov 04th, 2021 at 6:30 AM

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