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What is the penalty for violating an order of protection in New York State ?

Washingtonville, NY |

My estranged husband was issued an order of protection for grabbing me and threatening my life in front of our daughter on July 1, 2011. He was charged with Harassment 2nd degree and Criminal Mischief for breaking my telephone when I tried to call the police. He has a long criminal history, mostly drug and alcohol related. He also had a Harassment 2nd degree charge stemming from an incident at my home last August which he has a 1 year ACD on which was still in effect at the time of the new charges. He called me on August 16, 2011, violating the order of protection, and threatened me, not physically, but He said " don't be stupid and call the policebecause if he goes to jail, the support money would stop, trying to intimidate me. I called the police and made a report that he called me and

showed them the call on my caller ID. We are currently going to IDV court for the criminal charges and family court issues. He was arrested at IDV court for violating the OOP and was ROR. We are due back in IDV court Sept. 22, 2011. I don't understand how he was ROR when he has a lenghty criminal history, including 7 DWI's. I want the ADA to prosecute to the fullest extent. What do you think will happen ?

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Attorney answers 1


He could be prosecuted for PL 215.50(3) [Criminal Contempt in the Second Degree, a Class A Misdemeanor] for calling you, provided the order of protection in effect on 8-16-11 prohibits phone contact. He could get up to a year in jail for a Class A Misdemeanor conviction. Also, technically, the harassment case, in which the ACD resulted, could be restored and prosecuted, although in my experience that is unlikely.

This communication does not constitute legal advice and is provided for informational purposes only as I am not your attorney and you are not my client. Should you wish to obtain legal advice, you may contact my office at (212) 689-4343. This is attorney advertising.



The order of protection was given to him on July 12, 2011 more than a month before he violated it. It is a complete order, no contact of any kind, stay away, and refrain from for myself and my daughter.

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