A woman may be granted a civil order of protection in Family Court against her “on-again, off-again” boyfriend for abusive behavior even though she has continued to live most of the time with her husband and her daughter, a New York state appeals court has decided.

The 2008 statute that “radically” expanded state law to allow people in “intimate” relations with non-relatives was also designed to try to preserve family units whenever possible by protecting members from abuse, the Appellate Division, 3rd Department, panel ruled.

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