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In the Matter of TANYA D. NELSON-WALLER, Respondent, v. MICHAEL L. WALLER, Appellant.

Ordered that the order of protection is affirmed, without costs or disbursements.

"A family offense must be established by a `fair preponderance of the evidence' (Family Ct Act § 832). The Family Court's determination regarding the credibility of witnesses must be given great weight on appeal unless clearly unsupported by the record" ( Matter of Hunt v Hunt, 51 AD3d 924, 925). The record supports the Family Court's finding that, based on a preponderance of the evidence, the husband committed acts constituting the family offense of disorderly conduct, warranting the issuance of the order of protection.

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NELSON-WALLER v. WALLER
(Mar 31, 2009)