What is the burden of proving that the respondent made a threat to break the windows of the respondent's home to gain access to the marital residence?

Here, the petitioner was unable to show that the February 4, 2004 telephone conversation created any clear and present danger of substantive evil. Even if the petitioner met her burden of showing that the respondent did, in fact threaten to break the windows to gain entry to the marital residence, these statements alone would not rise to the level of unprotected speech under The People of the State of New York v. Dietze, 75 NY2d 47, (1989).