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FAMILY COURT OF THE STATE OF NEW YORK
CITY OF NEW YORK : COUNTY OF KINGS
------------------------------------x
RIVKA STEIN, Docket Number
O-18529/12
Petitioner,
Start
- against - 4:02:38 p.m.

YOEL WEISS, End
4:11:06 p.m.
Respondent.
------------------------------------x

January 31, 2012

330 Jay Street
Brooklyn, NY 11201


BEFORE: KAREN FINKEL WOHLFORTH
Court-Attorney Referee / Part 53/IAP

APPEARANCES: RIVKA STEIN
Petitioner Pro Se
Rivka Stein v. Yoel Weiss - 7/2/12
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COURT OFFICER: This is 23 with 28 and 29 in the 1
matter of Stein and Weiss. Raise your right hand. Do you 2
swear or affirm to tell the truth? 3
MS. STEIN: Yes. 4
COURT OFFICER: Please state your name. 5
MS. STEIN: Rivka Stein. 6
COURT OFFICER: Thank you. You can have a seat. 7
THE COURT: Okay, maam. You have the right to 8
an attorney. You have the right to an adjournment to speak 9
with an attorney. You have the right to be assigned 10
counsel if you qualify financially. Or you may waive the 11
right to counsel and speak for yourself. If you waive the 12
right to counsel and speak for yourself you may always seek 13
counsel at a future date. Do you understand? 14
MS. STEIN: Yes. 15
COURT OFFICER: You have to speak up, maam, 16
okay? 17
MS. STEIN: Okay. 18
THE COURT: How would you like to proceed today? 19
COURT OFFICER: Make sure you keep your voice up. 20
All right? Move your chair in a little further to the mic. 21
THE COURT: How would you like to proceed today? 22
Speak for yourself? 23
MS. STEIN: Yes. 24
THE COURT: All right. How old are you? 25
Rivka Stein v. Yoel Weiss - 7/2/12
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MS. STEIN: Im 22. 1
THE COURT: 22? How old is your husband? 2
MS. STEIN: Hes going to turn 30 on July 8. 3
THE COURT: Okay. All right. So, youre seeking 4
an order of protection against him? 5
MS. STEIN: Yes. 6
THE COURT: Why is that? 7
MS. STEIN: Hes very controlling and abusive. 8
The latest that he has done was he raped me. I had said 9
no, and he dragged me -- I went to another bed so he should 10
forget about it, and he dragged me to the bed. Then he 11
pinned me down. My daughter was on the other bed in that 12
room. And he pinned me down on the bed and he told me 13
youre going to respect your husband and youre going to 14
listen to what I say. 15
And he pinned me so I couldnt move, and he took 16
off my underwear. And he just forced himself on me. And 17
while he was doing it, he told me Oh, and so youre going 18
to cry. He was just mocking me that Im making a big deal 19
out of nothing. That what hes doing is okay, and I 20
deserve this. 21
And afterwards he gave me a hug and a kiss, and 22
he told me how much he loves me. He said I love you so 23
much, I just wish you were more respectful to your husband, 24
and you listened to what he says. 25
Rivka Stein v. Yoel Weiss - 7/2/12
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THE COURT: You have two children? 1
MS. STEIN: Yes. 2
THE COURT: Was this an arranged marriage? 3
MS. STEIN: You mean by a matchmaker? Yeah. 4
THE COURT: Or your parents? 5
MS. STEIN: No, I wasnt living with my parents. 6
I was living by somebody else. My parents were abusive. 7
THE COURT: Was this an arranged marriage? 8
MS. STEIN: Not exactly. I mean I had a say, you 9
know. I said yes. I didnt know what he was. 10
THE COURT: All right. So, what do you want the 11
court to do? 12
MS. STEIN: Well, I want an order of protection 13
for me and my children. 14
THE COURT: Why your children? Is he cruel to 15
your children? 16
MS. STEIN: Yes. 17
THE COURT: What does he do to them? 18
MS. STEIN: If my son doesnt -- many times when 19
my son doesnt listen -- hes only three -- he would hold 20
him down. And he would tell me, hed say Rivka, look, you 21
see; Im not hitting him. And he would hold him down and 22
tickle him. So, he would like scream to stop. And I would 23
have to stand there and just watch it. And I couldnt do 24
anything about it. 25
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THE COURT: And what else? 1
MS. STEIN: And my daughter. There was a time 2
where I was -- we were at his parents -- we were living by 3
his parents house for awhile, and I couldnt take it. So, 4
I took the kids, and I said Im going to my sister. And he 5
said, No, youre not going. And my daughter was only 6
breastfeeding at the time. She wasnt on solids or 7
anything else. She was a few months. 8
And he took her -- she was in the car, and he 9
took her out of the car away from me. And I asked him, I 10
said please give her back to me. You know I have to feed 11
her; she hasnt eaten in a few hours. And he says I dont 12
care. And he took her and he ran out. He ran for his 13
car. And he went to a Rabbi. 14
And he was away from me for a few hours and she 15
was screaming. When he ran to his car to go to the Rabbi, 16
my daughter was screaming; she was so hungry. And she 17
wouldnt take food. She only took me. 18
THE COURT: How was she? 19
MS. STEIN: And then he told me that I caused it. 20
THE COURT: How old was your child at the time? 21
MS. STEIN: Six to nine months. Last year. Now 22
shes 20 months. She was eight months old about. 23
THE COURT: All right. Are you seeking a 24
divorce? 25
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MS. STEIN: Yes. 1
THE COURT: Have you seen an attorney yet? 2
MS. STEIN: No. 3
THE COURT: Have you filed anything yet? 4
MS. STEIN: No. I was living with him till now. 5
Just today -- he doesnt even know Im here -- I took the 6
kids and I ran here for us to get an order of protection 7
because I fear for myself and for my kids. Im going to be 8
staying with a friend of mine with my kids. She has a 9
place for me. 10
THE COURT: All right. So, youve left the 11
household then? 12
MS. STEIN: Just yesterday. 13
THE COURT: Okay. So, Ill give you -- and the 14
marital home is where hes living, at 1435 46
th
Street? 15
And youre out? 16
MS. STEIN: Yes. 17
THE COURT: Is this a home you own together? 18
MS. STEIN: Its not a home; its an apartment. 19
THE COURT: Its an apartment. 20
MS. STEIN: And the lease is under his name. 21
THE COURT: All right. So, Ill give you a 22
temporary order of protection that he stay away from you. 23
Its a subject to a visitation order, if any, by the family 24
court. So, when you see the judge, the next person, after 25
Rivka Stein v. Yoel Weiss - 7/2/12
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hes been served, your custody petition will travel with 1
your order of protection petition. Theyll be heard by the 2
same referee. 3
MS. STEIN: I dont understand. 4
THE COURT: Your both cases; youll have a 5
custody case and youll have a case asking for an order of 6
protection. Both of those cases will be heard by the same 7
judge. 8
MS. STEIN: Okay. 9
THE COURT: That will be Karen Yellen. 10
MS. STEIN: Okay. 11
THE COURT: And Im going to give you a temporary 12
order of protection. And Ill give you an order that he 13
not interfere with your care and custody of the child or 14
children. So, this is not a custody order, its an order 15
of protection. I dont decide custody ex parte, meaning 16
only when one side is here. You understand? 17
You have to have him served. You can have the 18
police serve him with a copy of each of the papers. The 19
police will give you affidavits of service for each 20
petition, the V case, which is the custody case and the 21
O case, which is the family offense case. All right? 22
And youll bring the affidavit of service back to court 23
with you on the adjourn date. Youre coming back to Part 24
50 on September 4 at 10:00 a.m. 25
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MS. STEIN: Will I be given the paper of this? 1
THE COURT: Yes. Youre going to go next door to 2
the petition room, and youre going to wait for a copy of 3
your papers, as well as your summonses and petitions, and 4
theyre going to have to be served upon him. They are not 5
effective until he is served. So you can take it to the 6
NYPD and let them serve it upon him. Okay? 7
MS. STEIN: Okay. 8
COURT OFFICER: Heres the date and time youre 9
going to come back. 10
(Whereupon, the matter was adjourned to September 11
4, 2012 at 10:00 a.m.) 12
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C E R T I F I C A T E

I, Rochelle V. Grant, certify that the foregoing
transcript of the proceedings held 7/2/12 in the Family Court of
the State of New York, City of New York, County of Kings, in the
matter of Rivka Stein v. Yoel Weiss, Docket Numbers O-18529/12,
was prepared using the required transcription equipment and is a
true and accurate record of the proceedings to the best of my
ability.



Rochelle V. Grant
Date audio transcribed:
July 23, 2012