Skip to main content

What steps should be taken next in a post-order of protection situation?

Warwick, NY |

My girlfriend successfully obtained an order of protection against her ex-boyfriend (ex as in 3 yrs her ex now) in June, which expired sometime this month due to him repeatedly calling her at work, and even contacting ME at my job. As stated, the order expired and already he has begun his harassment again by sending her an e-mail.. She freaked out and spam/deleted it and it can not be recovered. I'm thinking we should report it to the police today.. and save any future emails? We're also not sure how he got this e-mail address, but it wasn't voluntarily given to him.

Am I missing anything ?

We have moved 75+ miles away from the area he assumes we're in, so I tell her not to worry, but she's afraid of this idiot.

if this link works, this is my first post regarding this, before we were able to get the first order. http://www.avvo.com/legal-answers/what-qualifies-as-stalking--are-orders-of-protecti-757229.html

Attorney Answers 3

Posted

I don't think that one email will qualify for harassment. However, you can certainly report the email to the local authorities and then keep all communication from him. If it continues, have him arrested and obtain a new OP. She should not respond to communicate with him at all.

Mark as helpful

5 lawyers agree

Posted

She can file a police report and can also re-file for an order of protection. If he contests the order of protection, however, the problem she may face is lack of proof. She can always contact her e-mail service provider & see if it was saved on their system. In any event, I encourage her to schedule a consultation with an Orange/Westchester Co. Domestic Violence attorney.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

Mark as helpful

3 lawyers agree

Posted

Two options gather more information and file for an order of protection later when you have enough evidence or file now and see if he will consent to an order of protection when the case goes to court.

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.

Mark as helpful

2 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics