In NYC, what actions can be taken if the petitioner/defendant violated the order of protection?

Asked about 4 years ago - Brooklyn, NY

The petitioner contacted the respondent. I (respondent) want to know if the order can be modified or nulled.

Attorney answers (2)

  1. Michael Dreishpoon

    Pro

    Contributor Level 6

    Answered . Was the order of protection issued by a Family Court judge or a Criminal Court judge? The person who violated the order can be arrested and charged with Criminal Contempt, a Class A misdemeanor. In a criminal case, the person who is protected by the order can ask the assistant district attorney to rescind it, however, most judges in the domestic violence courtrooms throughout the city are reluctant to do so while a case is pending.

  2. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . Without more information it's impossible to be certain. However, to modify or cancel an order usually requires the consent of both parties.

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