Opinion
2013-01-31
In re COUMBA F., Petitioner–Respondent, v. MAMDOU D., Respondent–Appellant.
Goetz L. Vilsaint, Bronx, for appellant. New York Legal Assistance Group, New York (Alexandra Lewis–Reisen of counsel), for respondent.
Goetz L. Vilsaint, Bronx, for appellant. New York Legal Assistance Group, New York (Alexandra Lewis–Reisen of counsel), for respondent.
Law Office of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), attorney for the child.
TOM, J.P., ANDRIAS, ACOSTA, MANZANET–DANIELS, ROMÁN, JJ.
Order, Family Court, Bronx County (Andrea Masley, J.), entered on or February 18, 2011, which, upon a finding of aggravating circumstances, and incorporating an order of protection entered on or about February 17, 2011, directed respondent father, for a period of five years, to stay away from petitioner and to refrain from communicating with her except with regard to the child, to refrain from committing any family offenses against petitioner and the child, and to attend anger management and domestic violence counseling, unanimously modified, on the facts, to direct respondent to complete the anger management and counseling courses within six months of the date of entry of this order, and otherwise affirmed, without costs.
The finding of aggravating circumstances is supported by a preponderance of the evidence showing that the child was present during a number of violent incidents directed at petitioner ( seeFamily Court Act §§ 827[a][vii]; 842; Matter of Kristine Z. v. Anthony C., 21 A.D.3d 1319, 1321, 803 N.Y.S.2d 331 [4th Dept. 2005],lv. dismissed6 N.Y.3d 772, 811 N.Y.S.2d 338, 844 N.E.2d 793 [2006] ). The evidence also shows that petitioner sustained a physical injury, i.e., pain and bruises after respondent struck her, and back pain for a month, for which she sought medical treatment ( see Matter of Boua TT. v. Quamy UU., 66 A.D.3d 1165, 1166, 887 N.Y.S.2d 323 [3rd Dept. 2009], lv. denied14 N.Y.3d 702, 2010 WL 520887 [2010] ).
Although respondent's violence was directed toward petitioner, it occurred a number of times in the presence of the child; thus the inclusion of the child in the order is warranted ( seeFamily Court Act § 827[a][vii]; Matter of Pei–Fong K. v. Myles M., 94 A.D.3d 675, 943 N.Y.S.2d 467 [1st Dept. 2012];see also Matter of Charlene J.R. v. Walter A.M., 307 A.D.2d 1038, 763 N.Y.S.2d 778 [2nd Dept. 2003] ). In addition, there is evidence that respondent acted violently toward the child. However, we note that the order permits court-ordered visitation and contact between respondent and the child, enabling respondent to maintain a relationship with the child.
The court properly ordered the father to attend anger management and domestic violence counseling. However, since it provided no deadline for the completion of the counseling, we modify as indicated.