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Would we be breaking any laws if we get married before my boyfriend's court date?

New York, NY |

My boyfriend violated a Court Order of Protection I had against him and is now facing Contempt charges Penal Law 215.50 (2) A misdemeanor. Since his arrest we have reconciled and would like to go ahead with our wedding plans.

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Attorney answers 3

Best Answer
Posted

Go back to the Court where you had the Order of Protection issued originally and ask that the Court quash the same and vacate it nunc pro se (as if it never happened). The judge will likely at least quash the order of protection and may go so far as to vacate it entirely. Do this before the scheduled hearing. Your doing so will not prevent the state or the judge from continuing with the contempt issue but it will go along way toward giving your fiance an argument that he should not be fined for the contempt violation.

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Posted

If its a full stay away he could be arrested again for contempt of court.

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 Eric@RothsteinLawNY.com. 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.

Posted

Ask the court to vacate the order.

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