Legal Question in Criminal Law in New York

restraining order

My younger brother recently broke up with his girlfriend of 4yrs. She still calls him just as much as he calls her to try to work things out. although she is not ''all there.'' Two days ago the police department asked him to come down to speak with him and they arrested him because she took out a restraining order on him the day before but he did not know this. are they allowed to arrest him like they did and hold him for two days in jail and then make him sign the restraining order papers after? like i stated neither did him or anyone of us was aware there was a restraining order. if we knew that first he would of avoided her.

Asked on 5/03/07, 7:47 pm

2 Answers from Attorneys

florence hessen florence f. hessen,esq
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Re: restraining order

Hi:

I am sorry for your brother's situation. So that you can avoid additional expenses, I would simply state to your brother brush this off, and just stay out of her way. It might be good if he kept track of his whereabouts over the next several weeks or travel with company just in case the ex girlfriend has another "meltdown."

Good Luck

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5/03/07, 7:58 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt
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Re: restraining order

Your brother should obtain a qualified criminal defense attorney. In a criminal case it is common practice in places like New York city to issue an order of protection. It is a defense that he was not aware of the order of protection. However, it is possible the police arrested him on charges unrelated to the order of protection based upon allegations his girlfriend made. In the meantime the best thing for everyone is to stay away from this girl and if she calls him he should not take the call and inform his attorney that she is trying to contact him. Please feel free to contact my office if we can be of any assistance in this matter.

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5/03/07, 8:24 pm

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