Why You Should Not Violate An Order Of Protection, Including A Temporary Order Of Protection

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 david@dbnylaw.com.  The Badanes Law Office has offices in Northport and Uniondale.

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How To Deal With A Harrasing Spouse Or Ex-Spouse?

If your spouse or ex-spouse is harassing you, here are some things you can do to stop it or limit its effect on you.

In New York, “harassment” is defined in the Penal Law, and it is strictly defined. What most people think is “harassing” may not qualify as “harassment” under the criminal law.

If you believe your spouse or ex-spouse is harassing you or guilty of harassment, you can seek an Order of Protection or call the police. Certainly, if there is any type of physical abuse, physical contact or the threat of physical contact, you should call the police immediately.

If your spouse/ex-spouse’s action do not qualify as criminal “harassment”, you still may be able to stop or at least limit his/her actions.

If the harassing actions are too many phone calls or too many text messages, then you may need to counteract then with the following actions.

Too many phone calls: You can change your phone number and not give it to your spouse or ex-spouse. If you have children and your spouse/ex-spouse needs to contact you about the children, there are some programs out there that can help. One program is called “Family Wizard”, but, there are other similar programs.

Too many text messages: Same as too many phone calls, get a new cell phone number.

Coming to your residence: Unless there is a bona fide reason for your spouse/ex-spouse to be at your residence, you should call the police and document that he/she is at your residence. If this behavior continues, you may be able to get an Order of Protection which will order your spouse/ex-spouse not to come to your residence.

Following you: If your spouse/ex-spouse is following you, then you should call the police.

In all the above situations, you should keep a log (diary) of what your spouse/ex-spouse is doing. If you file for an Order of Protection, then you should be able to submit your log as evidence. If there is a criminal case, then your log may be used as evidence.

David Badanes, Esq. has helped numerous individuals get divorced and in dealing with harassing spouses/ex-spouse. You can contact the Badanes Law Office at 631-239-1702 or send an email to david@dbnylaw.com. The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

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