BUFFALO, N.Y. —  Sitting outside of the Part 13 courtroom for his morning appearance, it was apparent emotions are still raw for Joseph Conti. The father of seven has been ordered to stay away from his family after losing his 7-year-old son and the family's home last week. 

Sources say Conti was using a blow torch to light a cigarette when a mattress caught fire. The early morning flames took hours to get under control and the Benzinger Street home a total loss. 

The day after the fire, sources said Conti wasn't supposed to be inside the home, or near his wife and children, at the time.

An incident between Conti and his wife, Lisa Conti, that prosecutors say started on New Year's Eve and extended into the next day resulted in an order of protection and a second-degree harassment charge against him.  

Tuesday in the courtroom, his attorney Lori Hoffman asked Judge Harr Pridgen to dismiss the harassment charge. Hoffman says Conti's actions do not reach the level required by law, adding his wife was not "annoyed or alarmed" by his actions. 

Meantime prosecutors say there was "alleged physical contact" during the incident.

Judge Pridgen asked for a written request to dismiss the charge. She also reiterated the order of protection remains in effect. This follows a temporary hold last week so Conti could attend Anthony's wake and funeral. 

Conti must stay 100 feet away from his wife and children and not contact them in anyway. Sources say the children have been placed in foster care following the fire. While Conti fights to have the harassment charge dimissed, his fight also continues in family court, so he can see his children. 

Conti will be back in Buffalo City Court on March 5, at which time Judge Pridgen will decide if she's going to drop the harassment charge.