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What can i do if a neighbor has an order protection against an EX but he is back on the premises in her house?

Wallkill, NY |

okay i have a friend who has a order or protection on a ex he has been charged with 4 counts of child endangerment but then charged her for holding his child in their home but when i came back for the weekend he and the children that are on the order of protection are in the home. iam scared for their well being and want to know if i called the cops would it help the situation.

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Attorney answers 3

Posted

Bring the paperwork to an attorney to review, depends how it is worded.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Posted

Maybe---it depends on what the cops determine when they investigate.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Asker

Posted

there is also a order of protection for the children he has 4 counts of child endangerment and he has been on the premises all weekend there is always arguing going on upstairs so i disrupts my family and other neighbors everyone is tired of their fighting but everyones scared if we call the cops nothing will be done and he will come back with vengence he does not live in the complex just comes to see her what can i do

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Unfortunately, you can only call the police and see if they will pursue it. They usually come to investigate and its a simple matter of making an arrest if they find him with the kids

Asker

Posted

thank you so much your advice is highly appreciated

Asker

Posted

Maybe your neighbor should call the cops if she doesn't want him there

Posted

It depends on whether the order of protection is a "stay away" or a "refrain from" order of protection. If it is a stay away order of protection, then he can be arrested for violating the order of protection. If it is a refrain from, then he may not be doing anything wrong. I would think that your friend would be the one that is concerned. If you called the police and he was arrested, how would that affect your relationship with your friend? Are you a mandated reporter?

Asker

Posted

Its not so much my friend shes my neighbor and im concerned for her kids who are also on the order of protection which is a stay away order

Asker

Posted

Maybe the order expired

Maria C. Tebano

Maria C. Tebano

Posted

Speak to your neighbor about it. I would not get involved. You don't want to create a problem with your neighbor. Its her responsibility. I would stay out of it.

Asker

Posted

Orders of protection are just pieces of paper it never helps anything

Maria C. Tebano

Maria C. Tebano

Posted

If he violated it can get him incarcerated.

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