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Decisions of Interest

BY ALM Staff
December 01, 2003

Verbal Abuse Not a Family Offense

A man's temperamental outbursts toward his family were not severe or pervasive enough to rise to the level of a family offense under PL ' 240.26(3). In Matter of Dora v. Ramon, No. O-02666/03, 2003 NY Slip Op 51320U; 2003 N.Y. Misc. LEXIS 1288, (Fam. Ct., Queens Cty. 10/17/03) (Tallmer, J.).

Petitioner, a paraplegic who lives with respondent and their two children, alleged that respondent committed a family offense on Feb. 21, 2003, when he came home drunk, screamed at the children and threatened to spank them if they did not clean up the house. On several other occasions, he threatened to take the children away from petitioner and have her placed in a home. Although she heard him swear at the children, petitioner never saw respondent hit them, and he never stuck or threatened to strike her.

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