Legal Question in Criminal Law in New York

Is it Extortion? Can he get in trouble?

I have a stay away order of protection against ex, he told my mom to tell me that if I dropped all charges against him for harrassment in the 2nd degree he would pay for half the bathroom to fix it so we could sell it. I live in the house with my children until it is sold.

Can he get in trouble for this? IT is extortion right? He was very verbally abusive and now has gotten physical. Will this up his charges?


Asked on 9/27/08, 3:28 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: Is it Extortion? Can he get in trouble?

It all depends on the conditions set in the Order of Protection. If it is a full stay away order with restrictions on communication then his contacting you through a third party is a violation of the order and considered contempt of court and is an additional criminal charge. If your order was a refrain from order, then you must read the order to see if the communication terms are in the order.

In addition, you can bring extortion, witness tampering and harassment charges against him as well.

Your best bet is to contact the police and report that a possible violation of the order of protection has occurred and see if they agree. You must show them the order for this to happen. Next you need an attorney of your own. This can assist you in getting protection.

If you would like a free consultation you can contact my office at 516.746.4747 or [email protected].

Joel R. Salinger, Esq.

Law Office of Joel R. Salinger

114 Old Country Road

Suite 440

Mineola, New York 11501

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Answered on 9/28/08, 1:07 pm


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