OT - NYS Law Question

I'm not sure if this is state specific as I've never had to investigate something like this before, but I was wondering if anyone here could answer what I hope is a simple question. I live in Westchester county.

I'm having a long-standing dispute with a family member of mine. He has twice now gained access to my home while my wife and I are at work - no harm was done in either of these events so the police were never notified. During a phone call today I was threatened with bodily injury which I believe my company has recorded (I'm about to go track that down).

So the question is, do I have enough to get a restraining order against this individual? A very good friend of mine is a divorce attorney in Connecticut and he has mentioned that without a prior assault, getting a restraining order is difficult - he was not sure about NY State though.

Bill

 

Thank you, I am still tracking down the phone records (my company is being a little tough to deal with on this one, they do not touch the phone records unless there is a work-related legal issue) and if I can attain a copy of this afternoon's conversation, I will be following up with the local police. Unfortunately, this last part gets convoluted. My Mother-In-Law (who lives with us) speaks not a word of English and my family member speaks not a word of Chinese - without being invited, he walked in and my 70 year-old M-I-L, not wanting a confrontation with 6'2 55 year-old, simply stayed at distance and said nothing. The second time he was waiting outside and when my MIL stepped outside to take out some garbage, he followed her in. She did not realize he was following her in and once he was inside, she was scared to ask him to leave. My MIL now has strict instructions to call her daughter if she sees him anywhere on the property at which point the police will be called but due to him never being asked to leave, I'm not sure I have any legal ground for trespassing.

Bill