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If a family court restraining order expired can I get another restraining order?

Schenectady, NY |

My sons father and I went to famiy court and because of his violent past with me, and the fact he continued harassing me and I had police reports on it I was able to get a restraining order. Well a couple months ago I had to call the cops because he showed up harassing me and the cops said there was no RO in the system so it must've expired. Since then I continue getting messages online harassing me and bothering me. He claims I never let him see his son, yet our family court agreement was it has to be at his parents house supervised and he only asked for 1 day a week and he rarely shows up when my son does go there. What can I do?

We had a RO where we were only allowed to have contact in regards of our son but we wouldn't even talk then it would be through his parents. Now since he knows the RO is up, he has been harassing me once every so often the last couple of months. Can I go back to family court just for the RO and not deal with anything else?

Attorney Answers 6

Posted

With leave of court

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Posted

You need to consult with your lawyer about getting your order of protection renewed.

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Posted

Yes, you can apply for another restraining order if he is harassing or threatening you. If there is a history of threats against you, it should not be too hard to get another order. However, if the prior order expired because you did not show up at a scheduled Court date where you could have sought to extend it, you may have to explain yourself. You can also file harassment charges with the police which, if they accept, can result in the criminal court issuing its own RO. The bottom line is if you feel that you or your children are in danger, do something about it asap.

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Posted

File criminal charges in justice/district court and/or a petition for a family offense in family court; either can provide you with a new temporary order of protection

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

Yes, you can file a Family Offense Petition in Family Court and outline his current behavior and ask for an Order of Protection that limits his contact with you. If you would like to schedule a consultation, call my office at 518-383-1182.

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Posted

I'm going to be the contrarian here. You indicate that when there was an OP, he didn't communicate with you. That is a sensible thing to do in order to avoid any confrontation. Now that there is no OP, he "has been harrassing [you] once every so often." He may simply be calling to discuss the child and you are interpreting that as harrassment. It does not sound like he is presently doing anything wrong. Try to move forward in a more harmonious way for the benefit of the child.

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