Emily K. v. Luis J.
New York Appellate Division
997 N.Y.S. 2d 510 (2014)
Emily K. (plaintiff) sought a family-court protection order on behalf of her minor daughter against 13-year-old Luis J. (defendant), her daughter's intermittent boyfriend since kindergarten, based on an escalating pattern of controlling behavior and unwanted sexual contact including forced touching and coerced oral sex and intercourse; Luis didn't dispute the underlying facts but argued Emily lacked standing and that his young age placed him outside the statute's reach, and the family court found the relationship qualified as intimate under the statute and granted a two-year protection order.
Whether a family court has jurisdiction to grant a protection order prohibiting a minor from contacting a child under family law, even though the minor is too young for criminal prosecution.