At page 676 The appellant father challenges the order of protection only insofar as it applies to the child, in that he contends that his admittedly violent conduct was…2 citing cases
- Matter of Judith L.C. v. Lawrence Y., 179 A.D.3d 616 (N.Y. App. Div. 1st Dep't 2020).publishedThe record supports the finding of aggravating circumstances, as the father engaged in a repeated pattern of causing the mother physical injury, sometimes in the presence of the children, thus exposing them to injury ( see Matter of Pei-Fo…
- Matter of Omobolanle O. v. Kevin J., 154 A.D.3d 442 (N.Y. App. Div. 1st Dep't 2017).publishedThe finding that aggravated circumstances existed warranting a five-year order of protection is supported by a preponderance of the evidence showing that respondent engaged in a series of violent and threatening actions directed at petitio…
v.
Myles M.
Order, Family Court, New York County (Elizabeth Barnett, Attorney Ref.), entered on or about December 13, 2010, which to the extent appealed from as limited by the briefs, after a fact-finding hearing, granted petitioner mother a five-year order of protection in favor of the parties’ child, subject to court-ordered visitation, unanimously affirmed, without costs.
[*676] The appellant father challenges the order of protection only insofar as it applies to the child, in that he contends that his admittedly violent conduct was not directed towards her. However, Family Court Act § 827 (a) (vii) permits a finding of aggravated circumstances where a repeated pattern of physical injury and like incidents “constitute an immediate and ongoing danger to the petitioner, or any member of the petitioner’s family-”
The court properly determined that a fair preponderance of the evidence supported a finding that the father engaged in a series of violent and threatening actions directed at the mother, some in the presence of the child, warranting the order of protection. Moreover, the order permits court-ordered visitation, thus enabling the father to maintain a relationship with the child. Concur — Andrias, J.P., Saxe, Catterson, Renwick and Román, JJ.