Postpartum depression frequently afflicts new mothers. Changes to a woman’s body after giving birth can lead to erratic moods, moments of anger and a feeling of hopelessness. The widely covered Lindsay Clancy case in Massachusetts, where a mother is on trial for killing her three children, has shed light on postpartum psychosis. This dangerous variant is much less common than standard postpartum depression, but either condition could present a danger to the new mother and others in her household.
Megan Cliffel is a mental health advocate who says that she suffered from postpartum psychosis in 2015 after giving birth to her child in New York City. Fears about people hurting her children led her to punch her husband and threaten to go to the roof of their apartment building. Following a call from her husband to the police, Cliffel spent several days in a psychiatric facility, eventually getting the treatment and mediation she needed to overcome her postpartum illness.
When a person in mental crisis engages in, or threatens, violence against family members, an order of protection might be warranted. In Family Court Article 8 proceedings, a judge can issue a Temporary Order of Protection ex parte (without the subject of the order present) on good cause.
A Final Order might follow after a hearing if the petitioner proves a family offense (such as assault, menacing, harassment, stalking) by a preponderance of the evidence. Just because a woman is diagnosed with a postpartum depression or psychosis does not necessarily mean that the court will grant the petition for a protection order. Courts focus on conduct, credible threats and risk to a partner or children.
A mental health diagnosis alone does not determine whether an Order of Protection issues. Many people with all types of problems are able to control their behavior with treatment and medication. However, evidence of acute symptoms, such as hallucinations or delusions, might support some type of order to avert the possibility of serious harm. Orders can require stay-away and no-contact provisions, exclusive use of the home, temporary custody/parenting restrictions and compliance with treatment.
If postpartum illness or another mental condition has you concerned about your safety and the safety of others around you, consult experienced counsel immediately about whether an Order of Protection is a suitable option. Bryan L. Salamone and Associates P.C. assists Long Island residents with various family law concerns, including cases involving alleged domestic violence. To speak with an accomplished New York attorney, call us or contact us online today.