I. Background
Our client, Carmella English, has come to our offices to discuss an issue that has arisen between she and her daughter, Hilary. Carmella and Hilary live together, and for the most part, they have had a loving relationship. However, challenges have arisen over the past two years as Hilary was recently diagnosed with bipolar disorder. Their relationship has been volatile and Hilary’s behavior, especially towards her mother, has been concerning.
On February 1, …show more content…
First, who filled out the Family Offense Petition? Did Carmella fill this out alone or was it under the guidance of a third party? Is everything in that petition accurate? Does Carmella want to amend the petition at all? Next, how old is Hilary? If Hilary is a minor she may wind up in a foster care program if housing cannot be provided for her. Next, we would like to know more about the two young children that live in the house. Are these Carmella’s children? Are they Hilary’s children? What is their relationship like with both Carmella and Hilary? The order of protection would certainly impact Hilary’s relationship with these two young children; does Carmella care? It is important that Carmella understand the gravity of filing this order against her daughter, it has the potential of permanently damaging her relationship with her daughter. Carmella must know that if the order is granted, she may not get to see her daughter in an unsupervised setting again. Is she okay with this? Depending on Carmella’s answers to these questions, we can file the petition as it is, or modify it accordingly. This option fails to absolutely protect Carmela from Hillary as it cannot guarantee that Hilary will obey the