Chen v Chen

Holding The Appellate Division affirmed the lower court’s denial of a final order of protection, finding that the plaintiff failed to prove by a preponderance of the evidence that the defendant committed the family offenses of harassment and menacing. The court determined that the plaintiff’s partial recording did not corroborate her allegations of threats and that the defendant’s use of foul language did not rise to the level of the alleged offenses.

The court’s words

There is no basis to disturb the court's credibility determinations in this consolidated divorce action and family offense proceeding

2026 NY Slip Op 05850, at the official text

Plaintiff failed to prove by a preponderance of the evidence that defendant committed the family offenses of harassment in the second degree

2026 NY Slip Op 05850, at the official text

The recording actually indicated that plaintiff was being physically aggressive with defendant as well and, in any event, did not demonstrate a genuine threat of harm to plaintiff

2026 NY Slip Op 05850, at the official text

Defendant's use of foul and disparaging language did not rise to the level of the alleged family offense of harassment in the second degree

2026 NY Slip Op 05850, at the official text