Weiner v. Weiner

899 N.Y.S.2d 555 (2010)

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Weiner v. Weiner

New York Supreme Court
899 N.Y.S.2d 555 (2010)

  • Written by Haley Gintis, JD

Facts

In 2001, Edie Weiner (plaintiff) divorced Jay Weiner (defendant). The divorce decree contained a no-molestation clause, which prohibited Edie and Jay from disturbing each other. The divorce decree also awarded Edie ownership of the Weiners’ vacation home, which was in a rural community in Pennsylvania called the Hideout. Despite the no-molestation clause, Jay threatened and degraded Edie through calls and letters. In 2007, Jay threatened to break into the Hideout. Edie then obtained a three-year protective order prohibiting Jay from entering the Hideout. When the order expired, Jay moved into the Hideout. Although Jay had not contacted Edie, Edie petitioned for a new protective order to require Jay to leave the Hideout. The court held a hearing. Edie testified about Jay’s past abuse and threats and that she believed Jay had moved to the Hideout solely to continue his pattern of abuse. Jay testified that he moved to the Hideout because he enjoyed the wildlife and scenery and because he knew people in the community but provided no names. The court then considered whether a new protective order was warranted.

Rule of Law

Issue

Holding and Reasoning (Cooper, J.)

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