Need Order of Protection

[HighAnxiety]

Jurisdiction

New York

My brother lives in a managed facility where he shares an apartment with two other roommates. One of the roommates left and a new roommate recently took the spot. In this living arrangement, neither my brother or any other roommate(s) has a say in who becomes a roommate. This new roommate is psychotic: he has threatened my brother with physical abuse and has damaged property in the apartment; the most recently outburst and threats was directed to my brother and were so severe that my brother called the police who came out and told the new roommate that they didn't want to have to come back. They told my brother to "stay away from him" - easier said than done since they are in the same apartment. As I understand it there are three kinds of Order of Protection: one for family disputes between "intimate" partners and another for those that have been convicted of a crime (I don't recall the 3rd type). In any case, first, would my brother be able to get an Order of Protection based on the physical violence threats and second, what court, Family, Landlord-Tenant, or Criminal Court would be the court to visit to get the order of protection? Advice greatly appreciated. Thanks

 

[army judge]

All he can do is try. It's easier to ask that he be reassigned, because a court might be reluctant to get involved in the running a of a group home community.

Work with the management of the group home to see that your brother be reassigned living quarters. Make sure the management knows of the difficulties between the two.