The mother of my child issued an order of protection against me.
How I understand legal documents, when something says “1.0” and is followed with “a,b,c..”, then the abc terms are all subject to title “1.0”.
Now, my order of protection states:
(01) Stay away from:
(A) name and dob
(B) the home of name and dob
(C) the school of name and dob
(D) the business of name and dob
(E) the place of employment of name and dob
(14) refrain from communication or any other contact by mail, telephone, e-mail, voicemail, or other electronic or any other means with “name and dob” except for purposes of exercising care, custody or visitation with subject child(ren) or any emergency related thereto;
The mother of my child is trying to deny me visitation, and instead telling me to come to her house. I explained the terms of the order of protection, and again asked to see my child. The mother insisted that I would not be breaking the order. I sent a picture of this section of the order and asked again I want to see my child. The mother is still trying to insist I can’t see my child unless it’s under terms that break the order she placed against me.
By coming to the house you are violating the order. Entrapment has nothing to do with this. You need to file for visitation. If there is a visitation order, you need to ask for a "cut out" of the order of protection so that you can have visitation without violating the order. As the Courts are currently effectively closed until the current COVID-19 crisis passes, you will have to wait. If you do not have an attorney, you need to get one as soon as possible.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
When NY Family courts issue orders of protection to keep one parent away from the other, unless the child(ren) are specifically named as included in the order, it is anticipated that visits/parenting time will continue. Unfortunately, these orders are often hastily drafted and the logistics of parenting aren't carefully considered. This can create a situation where there is a high risk of violating the order, which can result in arrest. As such, I strongly suggest you get in touch with a local NY Family Law attorney immediately to have your exact order reviewed (not just an excerpt) and to get specific advice and assistance on how to deal with your particular situation. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
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