Legal Question in Personal Injury in New York

Re: Assaulted and the sued.

There is no jury in small claims court so the judge is the fact finder;

generally you don't have to worry about a judge misunderstanding this type of situation.

But the burden of proof is quite different in civil cases, and depending on exactly what the small claims suit is for, injuries or doctor bills, etc, there is a potential for some responsibility.

If your friend had pressed charges and the attacker had been convicted

that could have been a bar to the civil action; the report alone won't do it.

Unfortunately, legal process is not something that would violate a stay away order; your friend needs to

impress upon the court that this is a frivolous action, and ask the court to impose sanctions. If the judge agrees, and does this, I think it would prevent additional suits.

Re: Assaulted and the sued.

"Is there any way this could be seen any other way than self-defense in small claims?"

Only if the judge finds your friend used excessive force. You are entitled to use reasonable force under the circumstances to defend yourself. You may not use excessive force.

"Is there anything that can be done to prevent this person from filing more suits in the future?"

No, but with an order of protection, there should not be any further interaction between these two, and nothing to give rise to a lawsuit. If he repeatedly files lawsuits, then withdraws them as a means of harassment, then he can be sued for abuse of process.

"and is this a possible violation of the order?" No, an order of protection in the context in which you are speaking does not prevent one from exercising their right to sue.