I have a stay away order of protection against my husband, he came to the house on my birthday and has a video of him singing happy birthday to me but he's not in the video only me and my daughter are. He's been threatening that he's going to tell his attorney so he can get me in trouble. I'm scared because I don't want them to take my daughter away nor do I want to get into trouble for this. We have court on Wednesday to change the order of protection. So will I get in trouble or will it just be him for violating the order?
It is unclear from your question whether the order prohibits him from having contact with you or if it prohibits you from having contact with him. If he is prohibited from having contact with you then he is the one who would be facing a charge of criminal contempt.
Only the person that judge ordered to stay away gets in trouble. If he was ordered to stay away from you and you invited him in, only he would be charged.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 18 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.
You need to be honest with your attorney if you have one and talk with one if you don't. You should not make choices based on feeling intimidated.
Your husband isn't going to bring it up to the judge because if he does he's shooting himself in the foot. By going over he has violated the stay away order.
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