GUY WAS NEITHER DISORDERLY NOR MENACING ….
Believing that she was entitled to an order of protection again SS because he allegedly committed the family offenses of disorderly conduct and menacing in the third agree, AU filed an application with the New York County Family Court. And, after a hearing, when her request was denied with prejudice, AU appealed.
As for the disorderly conduct claim, the Appellate Division, First Department, didn’t think there was sufficient evidence that SS intended to cause “public inconvenience, annoyance, or alarm,” as the altercation occurred in AU's apartment. And while he raised his fist at her, and indicated he was not leaving the residence -- behavior which triggered her contacting the police -- because she never testified that his conduct “caused her to fear death, imminent serious physical injury or physical injury,” the AD1 didn’t think the “menacing” elements had been established, either.
Given that backdrop the AD1 ultimately concluded that the Family Court had properly denied AU’s request for relief.
Doesn't this case reinforce that in all disorder there’s a secret order?
# # #