Legal Question in Criminal Law in New York

criminal vs family court restraining order

Going through a divorce, ex broke into my house and assaulted me, violated a family court order of protection (we have cross orders), charged and issued criminal order of protection. Family court order revised after to say calls allowed in extreme emergencies (we have kids) He has been calling and harassing me, sending letters, etc. Had him arrested again, out on bail. Went to police same day and wanted me arrested because I had made 4 calls (in two months, and only because it was emergency situations - if I am even late dropping the kids, he would have had me arrested) His phone showed more than 60 calls in one month. I'm nervous, this is why I waited to report his harrassment. I have to go to the station and talk to the police. Question: what takes precedence - criminal order or family court order -(family court order was revised after)

Can they arrest me?


Asked on 11/28/06, 7:43 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: criminal vs family court restraining order

This is one of those questions where the answer is 'it depends'. In many criminal cases they state that the order of protection is 'subject to family court modification' if not, then the orders may stand independant and you may be in violation.

If you were to enter a police station to report his activity you would not be arrested UNLESS there was an outstanding warrant for you, for violation of the order against you. If this is the case I would not enter a police station without having an attorney presetn. Feel free to contact my office regarding further discussion of this matter. 2127098303

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Answered on 11/28/06, 8:15 pm


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