Family Offense Petition Dismissed; Temporary Order of Protection Vacated

Prior results do not guarantee a similar future outcome.

Attorneys at Larkin Ingrassia, LLP were recently able to successfully dismiss a Family Offense Petition and vacate the Temporary Order of Protection in Orange County Family Court.

Our client retained Larkin Ingrassia, LLP in defense of a Petition filed against him by the mother of his child, seeking a Permanent Order of Protection.  After reading the said petition, we filed a motion to dismiss said Petition based on the fact that it did not state a cause of action (meaning the Court could not grant relief with an Order of Protection because the client did not commit any acts which would warrant it).  The motion filed with the court carefully applied each allegation contained in the petition to the Family Court Act provisions.  Even after liberally construing the mother’s petition and allegations, the Court ruled in favor of our client and agreed that the allegations in the petition could not support any relief requested by the mother.  As such, the Family Court Judge granted the motion by dismissing the petition and vacating the temporary order of protection.

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