Is this a violation of a restraining order?

If someone has a restraining order against you , and you do not contact them , but then you try to get a restraining order against them because of something they did while their restraining order is in place , can it be contended that the mere filing of a restraining order petition is a violation of that order ?

Hudson, NY -

Attorney Answers (4)

Jayson Lutzky

Jayson Lutzky

Divorce / Separation Lawyer - Bronx, NY
Answered

No, you have the right to go to court to seek relief and it is not a violation. Speak with an experienced local lawyer to assist you.

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Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

No.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
Mark A Green

Mark A Green

Family Law Attorney - Westbury, NY
Answered

No. The purpose of an order of protection is to act as a "shield" for the protected party. A court will not allow that person to use the order as a "sword." You can always file a petition to be protected from that person.

This post does not constitute legal advice. It is meant to provide general education in this topic area. Readers... more
Morghan L Richardson

Morghan L Richardson

Mediation Attorney - Astoria, NY
Answered

I agree with the other lawyers. If they are trying to violate you on your order, it should be fairly addressed in the court.

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