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Is this a violation of a restraining order?

Hudson, NY |

If someone has a restraining order against you , and you do not contact them , but then you try to get a restraining order against them because of something they did while their restraining order is in place , can it be contended that the mere filing of a restraining order petition is a violation of that order ?

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Attorney answers 4

Best Answer

No. The purpose of an order of protection is to act as a "shield" for the protected party. A court will not allow that person to use the order as a "sword." You can always file a petition to be protected from that person.

This post does not constitute legal advice. It is meant to provide general education in this topic area. Readers are cautioned that they should consult with an attorney for legal advice specific to their issue. This post does not create an attorney-client relationship. The question and response are publicly displayed in this forum and nothing herein is to be deemed confidential. Mr. Green is available in Nassau County for consultation by calling (516) 345-8080 to make an appointment. Office hours are by appointment only.


No, you have the right to go to court to seek relief and it is not a violation. Speak with an experienced local lawyer to assist you.

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I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


I agree with the other lawyers. If they are trying to violate you on your order, it should be fairly addressed in the court.

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