Matter of Heather L. Reader v. Jeffrey S. Reader

Summary

The Appellate Division, Fourth Department reversed a Family Court order finding that Jeffrey S. Reader committed harassment in the second degree through public Facebook posts, violated a temporary order of protection, and owed petitioner attorneys' fees. The court held that petitioner failed to prove the family offense by a preponderance of the evidence and dismissed the petitions.

Holdings

1. Petitioner failed to establish by a preponderance of the evidence that respondent engaged in acts constituting harassment in the second degree.
2. Respondent did not violate the temporary order of protection.
3. Petitioner was not entitled to an award of attorneys' fees.

Questions Presented

1. Whether petitioner established by a preponderance of the evidence that respondent committed harassment in the second degree based on public Facebook posts.
2. Whether respondent violated the temporary order of protection.
3. Whether petitioner was entitled to an award of attorneys' fees.

Disposition

reversed