In New York State, the Family Court is empowered to grant an Order of Protection and also a Temporary Order of Protection. The Family Court can issue a Temporary Order of Protection on the filing of a Petition which alleges a violation of a family offense. A family offense is based on a violation of certain criminal conduct, for example, if the Petitioner alleges that you committed an assault that may qualify as a violation of a family offense and result in a Temporary Order of Protection.
It is important to note that a Temporary Order of Protection is not a finding of wrongdoing. The Family Court must still find, at a hearing, that the allegations are proved with a preponderance of the evidence. Therefore, a Temporary Order of Protection may eventually be dismissed. However, it is also important to note, is that although the Family Court’s issuance of a Temporary Order of Protection may eventually be dismissed, it is still an “Order” of the Court, and must be followed.
As with any Order of a Court, if you violate the Order, the Court can find you in Contempt of Court. Therefore, it is very important, that you do not violate a Temporary Order of Protection or an Order of Protection.
The New York Court of Appeals recently clarified that although the Temporary Order of Protection was eventually dismissed, that the father’s violation of that Temporary Order was still a violation and subject to contempt.
The lesson to be learned: Do not violate any Court Order, even if the “order” is a Temporary Order of Protection that may be eventually dismissed.
David Badanes and the Badanes Law Office, P.C. has assisted numerous individuals in understanding the law and about Orders of Protection, obtaining or dismissing orders of protection. If you have questions, please contact David Badanes and the Badanes Law Office at 631-239-1702 or email at firstname.lastname@example.org. The Badanes Law Office has offices in Northport and Uniondale.
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