IN THE MATTER OF CHARLES v. CHARLES

Ordered that the order of protection in proceeding No. 1 is modified, on the law, by adding thereto a decretal paragraph finding that aggravating circumstances exist including violent and harassing behavior by the father towards the mother which constitute an immediate and ongoing danger to the mother; as so modified, the order of protection is affirmed, without costs or disbursements; and it is further,

Ordered that the order in proceeding No. 2 is affirmed, without costs or disbursements.

As the trier of fact, the Family Court's determination regarding the credibility of witnesses is entitled to great weight ( see Smith v. Antonio, 239 AD2d 509; see also De La Cruz v. Colon, 16 AD3d 496; Matter of Marino v. Marino, 13 AD3d 537, 537-538), and its finding that the father's testimony was incredible is supported by the record. We find no basis to disturb the Family Court's finding that the father failed to establish a prima facie case that the son committed a family offense.

Contrary to the father's contention, there was sufficient evidence to support the Family Court's finding of the existence of aggravating circumstances ( see Matter of Flascher v. Flascher, 298 AD2d 393; Family Ct Act § 827 [a] [vii]). The order of protection is thus modified to include this finding in compliance with Family Court Act § 842 ( see Matter of Flascher v. Flascher, supra; Matter of Muller v. Muller, 221 AD2d 635).

The evidence established that the father engaged in physical violence against the mother. Thus, a directive to the father to vacate the marital residence was reasonably necessary to provide meaningful protection to the mother and to eradicate the root of the family disturbance ( see Merola v. Merola, 146 AD2d 611, 611-612).

The father's remaining contentions are unpreserved for appellate review.