Legal Question in Criminal Law in New York

Can a person be charged with violating an order of protection if they told the petitioner to call and have that person come and talk with them so they can settle the situation?


Asked on 5/07/10, 3:55 pm

1 Answer from Attorneys

Christopher Brocato Brocato & Byrne, LLP

It depends. There are two types of order of protections in the State of New York. The first type is commonly referred to as a �refrain from� order of protection. It requires the party against whom it is issued to refrain from assaulting, threatening, harassing or menacing the protected party. It does not prevent the two parties from communicating with or being in the presence each other. If the order of protection was this type then the answer is no. However, if the order of protection that was issued was a �stay-way� order of protection which requires the party against whom the order of protection was issued to stay-way, have no communication with, refrain from, assaulting, threatening, harassing menacing the protected party, then the answer is yes.

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Answered on 5/14/10, 5:18 pm


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