The following documents were considered in connection with Defendant's motion by order to show cause dated February 5, 2026, (hereinafter "Motion Sequence No. 3"), seeking the entry of an Order granting the following relief:

1. A full stay-away Order of Protection directing Plaintiff to stay away from Defendant, her place of residence at [Redacted], New York, her place of employment, and any other place she may be found; and,

2. Directing the Plaintiff to refrain from all direct or indirect contact with Defendant via telephone, text, email, social media or contact through third parties; and,

3. Directing the Plaintiff to immediately vacate the marital residence at [Redacted], New York; and,

4. Directing Plaintiff to refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare to our child; and,

5. Prohibiting Plaintiff from engaging in any act which interferes with Defendant's use of the marital vehicle, to wit: 2021 Land Rover Range Rover Sport; and,

6. Temporary Order of unallocated spousal and child support in an amount to be determined by the Court, pursuant to FCA 842; and,

7. Directing Plaintiff not to take, transfer, abuse, mistreat or otherwise intentionally harm the family companion animal to wit: a mixed breed pitbull/basset hound canine known as "LEO", pursuant to FCA 842(i); and,

8. Requiring Plaintiff to participate in a batterer's education program designed to end violent behavior, pursuant to FCA 842(g); and,

9. Directing Plaintiff to pay Defendant's counsel fees, disbursements and cost, in an amount to be determined by the Court at the conclusion of this Petition, pursuant to FCA 842(f); and

"ORDERED, that service of a copy of this Order, and the papers upon which it is granted, along with any Temporary Order of Protection, by electronic filing on NYSCEF and by personal service upon the Plaintiff on or before ______________________ shall be deemed good and sufficient service upon the Plaintiff; and it is further . . . [emphasis added]"

On May 30, 2025, this matrimonial action was commenced with the filing of a summons and complaint (hereinafter "Complaint"),^[FN3] which asserted that the parties were married in 2017, [*2]have one unemancipated child being L. M. (D.O.B.: XX/XX/XXXX (hereinafter "Child") and seeking a dissolution of the parties' marriage pursuant to the alleged irretrievable breakdown of the parties' relationship for a period in excess of six months, pursuant to New York State Domestic Relations Law (hereinafter "DRL") § 170(7), along with other ancillary relief.

On June 25, 2025, Defendant filed an answer with counterclaim, also requesting the entry of a judgment of divorce pursuant to DRL § 170(7), along with other ancillary relief.^[FN4]

On June 26, 2025, a request for judicial intervention was filed,^[FN5] after which a Court notice was issued directing a preliminary conference to be held on July 28, 2025 at 2:00 p.m.^[FN6]

On July 8, 2025, a reply to Defendant's counterclaim was filed by Plaintiff.^[FN7]

On February 5, 2026, Defendant filed Motion Sequence No. 3,^[FN8] by order to show cause, seeking the above-referenced relief, including Defendant's Interim Relief, being the issuance of a temporary order of protection against Plaintiff in favor of Defendant with the following proposed conditions:

"[01] Stay away from:

A. C. R. C. M. (D.O.B. XX/XX/XXXX).

B. the home of C. R. C. M. at [Redacted], NY.

C. the place of employment of C. R. C. M.

[02] Refrain from communication or any other contact by mail, telephone, e-mail, voicemail, social media or other electronic or any other means with C. R. C. M.

[03] Refrain from assault, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischief, sexual abuse, sexual misconduct, forcible touching, intimidation, threats, identity theft, grand larceny, coercion, unlawful publication or dissemination of intimate image(s) or any criminal offense against C. R. C. M.

[04] Refrain from taking, transferring, abusing, mistreating or otherwise intentionally harming the family companion animal/pet to wit: a mixed breed pit-bull/basset hound canine known as "LEO."

[05] Permit M. M. (D.O.B. XX/XX/XXXX) to enter the residence at [Redacted], NY during a reasonable time, on one occasion, with the assistance of a police officer, in order to remove personal belongings not in issue in litigation.

[06] Refrain from any commission or act of omission that creates an unreasonable risk to the health, safety, or welfare of the child of the marriage, to wit: L. M. born on XX/XX/XXXX.

[99] Refrain engaging in any act which interferes with Defendant's use of the marital vehicle, to wit: 2021 Land Rover Range Rover Sport" (hereinafter "Defendant's Proposed TOP").^[FN9]

In support of Defendant's Interim Relief, Defendant filed an affirmation ^[FN10] in support of the application which provided allegations that Plaintiff had engaged in the following with her: (1) consistent physical abuse; (2) rape, sexual abuse and forced sexual conduct; (3) threats, intimidation and coercive control; (4) economic abuse, withdrawing of marital funds and removal of credit cards; (5) emotional and psychological abuse; (6) general fear, need for protection and safety concerns; and, (7) a general request regarding temporary spousal and child support. This Court notes that Defendant did not provide any corroborating evidence to support these allegations other than her own affirmation in support which includes the following claims:

"I submit this Affidavit in support of my Petition for an Order of Protection because I am genuinely afraid for my safety and emotional well being. Plaintiff and I continue to reside in the same household, which has forced me to live in a constant state of fear inside my own home. What should be a place of safety for me and our son has instead become a place of anxiety, fearful vigilance, and emotional confinement. For years, I was deeply hesitant to speak about the abuse I endured. I minimized my suffering and remained silent out of fear, cultural shame, and the belief that enduring the abuse might prevent further harm—particularly to our child. I tried to survive quietly and maintain a fragile peace, even as the abuse continued and escalated. Only through recent mental-health counseling and difficult and deeper discussions with my attorney about my bout with domestic violence, have I found the strength to speak more openly about what I have experienced. Recent events have made it clear that remaining silent places me in increasing danger. I am now seeking the Court's intervention because I can no longer protect myself without judicial protection."

Defendant's affirmation then asserts that Plaintiff has subjected her to a pattern of physical abuse:

"Throughout our marriage, and with increasing severity during the divorce proceedings, the Plaintiff has subjected me to repeated acts of physical violence. I have been slapped, pushed, thrown to the ground, and forcibly expelled from the marital residence—often late at night—leaving me without shelter, safety, or support. These incidents left me disoriented, terrified, and alone. On multiple occasions over the last few years, the Plaintiff placed his hands around my neck, restricting my breathing and pinning me against walls. During these moments, I genuinely feared that I might not survive. At least one of these terrifying incidents occurred while our child was present in the home, exposing him to violence and fear no child should witness. In September 2023, following a celebration of my birthday, the Plaintiff returned home intoxicated and violently assaulted me. He struck me, choked me, verbally degraded me, and forcibly expelled me from the house while our child slept nearby. The combination of physical violence, intoxication, and humiliation left me shaken and terrified. In 2024, during a family trip to Miami, the Plaintiff—again intoxicated—attempted to assault me in public. A family member intervened to prevent further harm. This incident occurred in the presence of our child and caused him visible distress and trauma."

Defendant's affirmation further sets forth allegations of rape, sexual abuse and forced sexual conduct by Plaintiff against her:

"Plaintiff has forced me to engage in sexual intercourse against my will on multiple occasions, including during the pendency of this divorce action. These acts occurred despite my forceful verbal refusals and resistance. On several occasions, Plaintiff used physical force during sex, including choking me and restricting my breathing, causing me fear and trauma. Since the commencement of this litigation, Plaintiff has had forced sexual intercourse with me on at least four separate occasions. Plaintiff has on many occasions entered my bedroom without consent, usually while intoxicated, closed the door, blocked my exit, and touched me sexually in my groin area, breasts and buttocks, despite my repeated objections and requests that he not touch me. On one occasion, I discovered that Plaintiff placed a hidden camera to record one of his forced sexual escapades without my consent.

Defendant further asserts that Plaintiff has subjected her to threats, intimidation, coercive control and economic abuse:

"The Plaintiff has repeatedly threatened me throughout our marriage and during this litigation, often warning me that "I would see what would happen" if I asserted my legal rights. These threats were calculated to intimidate me into silence and compliance. ***Most recently, the Plaintiff threatened to cancel the insurance on the vehicle that I regularly use, a 2021 Land Rover Range Rover Sport, by removing its license plates and canceling the insurance, knowing that doing so would prevent me from working, transporting our child, or meeting daily obligations. When I pleaded with him not to do so, he recorded me while I cried uncontrollably, laughing and mocking me in a deliberate attempt to humiliate and intimidate me. This conduct is part of an ongoing pattern of psychological torment.

* * *

Plaintiff recently took my bank and credit cards, withdrew all of the funds in a joint bank [*3]account with Citibank that I had access to and refused to provide me with any money for food and basic necessities. As of late, has intentionally left the refrigerator empty for extended periods, causing me and our child to go without necessities. Plaintiff on one recent occasion, took my car keys away and interfered with my ability to work, accusing me of abandoning our child when I sought employment. Plaintiff has removed from my control and possession and refuses to return my immigration papers, Social Security records, birth records and other vital personal documents without any cause or justification. He also has secreted from me important personal papers that I was safeguarding for my family members."

On February 5, 2026, this Court conformed Motion Sequence No. 3,^[FN11] directing that Defendant serve a copy of Motion Sequence No. 3 on Plaintiff via e-mail and text message, and to file a copy of the conformed motion on NYSCEF, by February 5, 2026 at 12:00 p.m.; and, further requiring that all parties and counsel appear on February 5, 2026 at 2:00 p.m., wherein the Court would discuss the relief sought therein, including Defendant's Interim Relief.

On February 5, 2026, at 11:29 a.m., Defendant served Plaintiff via text message and e-mail as directed by this Court, and thereafter filed an affirmation of service on NYSCEF (hereinafter "Proof of Service").^[FN12]

On February 5, 2026, at 2:00 p.m., Plaintiff and Defendant appeared, with Defendant represented by counsel and Plaintiff as a self-represented litigant, all before the undersigned, with a Spanish Language Court Interpreter who assisted both parties. Oral argument was received from Defendant's counsel regarding the application made herein who asserted to gravity of the claims being asserted by his client against Plaintiff requiring the need for the immediate relief sought.

Thereafter, Plaintiff was provided an opportunity to provide oral argument in opposition to the application, generally denying the allegations brought against him without specifically addressing any of the particular claims. Plaintiff then requested permission to play a twelve-minute video recording on his cell phone which he asserted was recorded the Friday immediately preceding the appearance (hereinafter "Video"). The Video was played in open Court and the interpreter assisted as the recording was entirely in the Spanish language. Thereafter, Defendant's counsel confirmed that the Video included both parties. The Court directed Plaintiff to provide the Court with a physical copy of the Video by submitting a "thumb" drive with the video to the Court within twenty-four hours, and simultaneously serving a copy on Defendant's counsel via e-mail in the same timeframe.

Generally, the Video depicted an argument between Plaintiff and Defendant at their home located at [Redacted], NY (hereinafter the "Marital Residence"), wherein Defendant was standing in the doorway of Plaintiff's personal bedroom within the home, Plaintiff being in the subject room, and both parties engaging in a lengthy back-and-forth argument regarding a multitude of topics. Notably, the parties acknowledged on the video that the Child was in the Marital Residence at the time of the argument.

No further submissions were received by the Court with respect to Motion Sequence No. 3.

1. Request for the entry of an order that pending the hearing and determination of Motion Sequence No. 3 that a temporary order of protection be entered against Plaintiff, in favor of Defendant.

New York State Domestic Relations Law (hereinafter "DRL") § 252 permits parties in a matrimonial action to seek an order of protection, on a temporary and permanent basis, as follows:

"1. In an action for divorce, separation or annulment or in an action to declare the nullity of a void marriage in the supreme court, the supreme court or the family court shall entertain an application for an order of protection or temporary order of protection by either party. Such an order may require any party:

(a) to stay away from the home, school, business or place of employment of the child, other parent or any other party, and to stay away from any other specific location designated by the court;

(b) to permit a parent, or a person entitled to visitation by a court order or a separation agreement, to visit the child at stated periods;

(c) to refrain from committing a family offense, as defined in subdivision one of section 530.11 of the criminal procedure law, or any criminal offense against such child or against the other parent or against any person to whom custody of the child is awarded or from harassing, intimidating or threatening such persons;

(d) to permit a designated party to enter the residence during a specified period of time in order to remove personal belongings not in issue in a proceeding or action under this chapter or the family court act;

(e) to refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare of a child;

(f) to pay the reasonable counsel fees and disbursements involved in obtaining or enforcing the order of the person who is protected by such order if such order is issued or enforced;

(g) to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the person protected by the order or a minor child residing in such person's household. "Companion animal," as used in this section, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law;

(h)(1) to promptly return specified identification documents to the protected party, in [*4]whose favor the order of protection or temporary order of protection is issued; provided, however, that such order may: (A) include any appropriate provision designed to ensure that any such document is available for use as evidence in this proceeding, and available if necessary for legitimate use by the party against whom such order is issued; and (B) specify the manner in which such return shall be accomplished.

***

(i)(1) to refrain from remotely controlling any connected devices affecting the home, vehicle or property of the person protected by the order. (2) For purposes of this paragraph, "connected device" shall mean any device, or other physical object that is capable of connecting to the internet, directly or indirectly, and that is assigned an internet protocol address or bluetooth address; and

(j) to observe such other conditions as are necessary to further the purposes of protection."

"It is well established that the party seeking an order of protection has the burden of establishing by a preponderance of the evidence that the party for which the order is seeking to restrain has committed the alleged family offense, and whether a family offense has been committed is a factual issue to be resolved by the court, and its determinations regarding the credibility of witnesses are entitled to great weight" (Susan WW. On Behalf of Karri-Ann WW. v. Alan WW., 161 AD3d 1249, 1250 [3d Dept 2018]; Richardson v. Richardson, 80 AD3d 32 [2d Dept 2010]; see also Family Court Act § 812).

Here, Defendant alleged that Plaintiff has committed family offenses against her arising out of the following acts: (1) disorderly conduct; (2) harassment in the second degree; (3) sexual misconduct; (4) forcible touching; (5) sexual abuse in the third degree; (6) reckless endangerment; (7) criminal obstruction of breathing or blood circulation; (8) strangulation in the second degree; (9) assault in the third degree; (10) attempted assault; (11) identity theft in the third degree; (12) grand larceny in the fourth degree; and, (13) coercion in the third degree.

Based upon the testimony and evidence received by the Court, this Court determines that exigent circumstances exist to warrant the entry of a temporary order of protection against Plaintiff in favor of Defendant and Child as requested on an interim basis pending a hearing to be scheduled promptly as noted herein, and a briefing schedule provided to the parties with respect to the final relief sought in Motion Sequence No. 3, set forth herein-below.

To effectuate this provision, a temporary order of protection was entered immediately and provided to the parties in Court, and filed on NYSCEF (hereinafter "Temporary Order of Protection"),^[FN13] to remain in effect until February 5, 2027, directing that Plaintiff shall:

[01]Stay away from:

A. C. R. C. M. (D.O.B. XX/XX/XXXX)

B. the home of C. R. C. M. at [Redacted], NY, except to obtain clothing and personal [*5]hygiene products with a police escort

C. the place of employment of C. R. C. M.

[02] Refrain from communication or any other contact by mail, telephone, e-mail, voice-mail, social media or other electronic or any other means with C. R. C. M.

[03] Refrain from assault, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischief, sexual abuse, sexual misconduct, forcible touching, intimidation, threats, identity theft, grand larceny, coercion, unlawful publication or dissemination of intimate image(s) or any criminal offense against C. R. C. M.

[04] Refrain from taking, transferring, abusing, mistreating or otherwise intentionally harming the family companion animal/pet to wit: a mixed breed pit-bull/basset hound canine known as "LEO"

[05] Permit M. M. (D.O.B. XX/XX/XXXX) to enter the residence at [Redacted], NY during a reasonable time, on one occasion, with the assistance of a police officer, in order to remove personal belongings not in issue in litigation

[06] Refrain from any commission or act of omission that creates an unreasonable risk to the health, safety, or welfare of the child of the marriage, to wit: L. M. born on XX/XX/XXXX

[99] Refrain engaging in any act which interferes with Defendant's use of the marital vehicle, to wit: 2021 Land Rover Range Rover Sport

It is further ORDERED that this order of protection shall remain in force until and including 2/5/2027 but if you fail to appear in court when you are required to do so, the order may be extended and continue in effect until a new date set by the court."

The Court further directed that Plaintiff would be permitted to appear at the Marital Residence that evening following the Court appearance, accompanied by law enforcement, to enter the premises to remove his clothing and personal hygiene products, with the additional directive that the Child not be at the premises during this process.

To the extent any interim relief pending a hearing and determination of Motion Sequence No. 3 has not been addressed herein, it is hereby denied. To the extent any interim relief has been granted herein, it has been granted based upon the Court's determination that an emergency situation exists warranting such relief without having first held a hearing, and that a hearing was scheduled as set forth herein-below, to address such relief as noted herein. Moreover, any ultimate relief sought in Motion Sequence No. 3 shall be made pursuant to the briefing schedule [*6]set forth herein-below.

Based upon the foregoing, it is hereby:

ORDERED that Motion Sequence No. 3 is granted, only to the extent that Defendant's Interim Relief requested therein is granted to the extent set forth herein; and it is further

ORDERED that a hearing shall be held as to Defendant's Interim Relief, being this Court's issuance of the Temporary Order of Protection, commencing on February 17, 2026 through February 20, 2026, from 9:00 a.m. continuing to 6:00 p.m., and continuing day-to-day thereafter until completion; and it is further

ORDERED that a Temporary Order of Protection shall be entered immediately following the entry of this Decision and Order; and it is further

ORDERED that the briefing schedule for Motion Sequence No. 3 shall be as follows:

1. February 13, 2026 — being the deadline for Plaintiff to file any answering submissions in opposition to Motion Sequence No. 3 and/or any cross-motions;

2. February 20, 2026 — being the deadline for Defendant to file any answering submissions in opposition to any cross-motions; no reply submissions to be accepted; with this date serving as the return date for both Motion Sequence No. 3 and any cross-motions filed, with no appearances required; and it is further

ORDERED that Defendant's counsel shall serve via e-mail and NYSCEF this Decision and Order with Notice of Entry on Plaintiff by February 6, 2026, and shall file an Affidavit of Service by that date; and it is further

ORDERED that Defendant's counsel shall order a copy of the Court Transcript from today's appearance, shall pay the entire cost of same, and shall submit same to be so ordered by March 6, 2026; and it is further

ORDERED that to the extent any relief sought has not been granted, it is expressly denied.

The foregoing constitutes the Decision and Order of the Court.