CONDUCT FOUND TO BE “HARASSMENT, MENACING, AND DISORDERLY”
After she was found by the New York County Family Court to have committed the family offenses of “harassment in the second degree, menacing in the third degree, and disorderly conduct,” D.T. appealed.And on its review, the Appellate Division, First Department, was of the view that a “fair preponderance of the evidence” supported the outcome and gave “great weight,” and considerable deference, to the fact-finding judge’s credibility determinations.
Apparently, while the couple was at a fast-food restaurant, D.T. grabbed J.T. by the hair, headbutted him, and swung a broomstick at him. That conduct was found to have supported the “harassment in the second degree and menacing in the third degree” offenses.
And, while an order of protection was in place, D.T. supposedly went to J.T.’s home, pounded on the door and shouted obscenities, and made threats against him and the child; behavior which constituted “disorderly conduct.”
Could she not conduct herself any differently?
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DECISION