I have an order of protection that is constantly being violated by the other party, the police have them for criminal contempt but no arrest has been made. they have failed to appear to court twice and the judge awarded me a final order of protection but also advised I file a violation with the court for the past violations. how does that work? and do I need to be present in court again or can I just file the violation and leave the rest to the court as I now have a final order which may still be violated? please help Im confused.
All you can do is notify the police and file a report each time the order of protection is violated. if it was a criminal court order of protection, notify the ADA that prosecuted the case. They can follow up with the police as to why they haven’t made a new arrest.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 22 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
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