Rodriguez v. D'Antonio
Case file · private · prepared for Marlene Rodriguez and counsel
DRAFT — not filed — no docket number. Prepared 10 Oct 2026 for counsel's review.

DRAFT — Family Offense Petition (Family Court Act article 8), Family Court, Bronx County

DRAFT. NOT FILED. No docket number. Filed by the petitioner or counsel at the Bronx Family Court, 900 Sheridan Avenue, Bronx, NY 10451; a temporary order of protection may issue the same day (FCA § 828).

FAMILY COURT OF THE STATE OF NEW YORK, COUNTY OF BRONX

In the Matter of a Family Offense Proceeding MARLENE RODRIGUEZ, Petitioner, against FRANK PATRICK D'ANTONIO, Respondent.

Docket No. O-[none — draft]

  1. Petitioner Marlene Rodriguez resides at 1833 Story Avenue, Bronx, New York 10473; born 29 October 1994.
  2. Respondent Frank Patrick D'Antonio resides at [address from his restraining-order petition], Franklin Lakes, New Jersey; born 4 April 1992.
  3. Relationship (FCA § 812(1)(e)): Petitioner and Respondent were in an intimate relationship for approximately one year, [month 2025] to [month 2026]. They did not reside together. The relationship was of a sexual and dating nature with frequent contact, which satisfies "intimate relationship" without regard to cohabitation or formal status.
  4. Family offenses alleged: aggravated harassment in the second degree (PL § 240.30(2)); stalking in the fourth degree (PL § 120.45); harassment in the second degree (PL § 240.26).
  5. Acts. On or about [date], Respondent telephoned Petitioner and left a voice message stating, among other things, "it doesn't take this long to get fucked and make videos of it … now you gotta go to jail because you broke the no contact order." On or about [date], Respondent telephoned Petitioner and left a voice message demanding that she call him and "make this good this time," referring to sexual acts. Between May and July 2026 Respondent further [number] times called, texted and messaged Petitioner by WhatsApp as set out in the attached schedule (Exhibit E).
  6. Existing order. Respondent has obtained a restraining order against Petitioner in the Superior Court of New Jersey, Bergen County, docket FV-02-[ ]-26, dated [ ]. Petitioner has complied with it. Respondent's own messages, above, were initiated by him in the face of his own order and demonstrate that the order is being used as an instrument of intimidation.
  7. Petitioner fears for her safety and has suffered substantial emotional distress.
  8. No prior application for the relief requested here has been made to any court. [Amend if Petitioner has sought relief in New Jersey.]

WHEREFORE, Petitioner requests that the Court issue a temporary order of protection forthwith and, after hearing, a final order of protection directing Respondent to stay away from Petitioner, her home at 1833 Story Avenue, her place of employment, and to refrain from any communication with her by any means, including telephone, text, WhatsApp, social media and third parties, for the maximum period permitted (FCA § 842), together with such other relief as the Court deems just.

Dated: Bronx, New York, [date]

Marlene Rodriguez, Petitioner

Verification: [notary block]

Attachments: Exhibits A, B (recordings and transcripts), D (voicemail list), E (message schedule), F (Respondent's New Jersey order).