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 ?
Family Law Attorney
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.
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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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Criminal Defense Attorney
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.