My estranged husband is being charged with Criminal Mischief (145.00 damaged property), and Harassment 2nd Degree (240.26) which will be heard in IDV court on 9/22/11. An order of protection was also issued for myself and my daughter on July 12, 2011.
On August 16, 2011, my estranged husband violated that OOP by calling me, and is now being charged with Criminal Contempt 2nd Degree (215.50 (3).
He has a lenghty criminal history, which includes 7 DWI's, last conviction was 2002.
He was also arrested 6 times between June and August 2010 for a variety of crimes, including menacing a police officer, aggravated harassment, and attempted burglary, which he walked away from all of them with nothing more than a fine and a surcharge. He is a drug addict and alcoholic
The ADA or someone from the District Attorney's Office would be in the best position to advise you as to outcomes. If he is persistent in violation orders or he is otherwise a persistent felon, he will likely do time in prison. He may also get a program for his addictions.
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Courts treat violations of orders of protection very seriously so jail is likely (in the event he is convicted) given your husband's criminal history. You as a complainant have a right to express your desires about the outcome to the prosecutor, but the prosecutor does not have to follow your request. However, prosecutors generally give significant weight to the views of complainant's.