In the Matter of Heather Boltz v. Christopher Geraci

Ballston Spa, New York divorce lawyers represented Plaintiff and Defendant in a marriage dissolution case.

The parties divorced in 2004 and are the parents of two adult children. In the years since their separation, petitioner remarried and continued to live in New York, while respondent moved to Florida. Respondent spoke to petitioner's husband by telephone in March 2022, during which conversation respondent allegedly told petitioner's current husband that he needed to "keep [petitioner] in line" or that there would be "serious consequences." Petitioner commenced this family offense proceeding in April 2022, alleging that respondent had subjected her to various forms of physical and mental abuse over the years and that his comment during the telephone call placed her in fear of imminent harm. Petitioner thereafter specified at the fact-finding hearing that her argument was that respondent's comments during the phone call, when viewed in conjunction with his prior behaviors, constituted either harassment in the first degree or harassment in the second degree. After the conclusion of that hearing, Family Court issued an order in which it determined that petitioner had failed to prove the commission of either offense and dismissed the petition. Petitioner appeals.



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Boltz v. Geraci, 2024 NY Slip Op 04500, No. CV-23-1633 (N.Y. App. Div. Sep 19, 2024)

Affirmed