Legal Question in Family Law in New York

order of protection notice

i recieved an oop from my husband stating to not call him anymore,no charges werew filed anywhere.There is a court date for this upstate on 3/31,i told the court i was unable to make this due to that i have special needs child&i need to be around,i sent all documentation regarding this.They said if i choose not to be there i will be in default of the oop.which means i will have an oop against me¬ to call him right?


Asked on 3/25/04, 5:43 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: order of protection notice

It specifically depends on the language of the order of protection. The document can be limited only to telephone calls, or can be as broad as a general "stay away" order.

It is not a good idea to default on any order. You really should try to appear.

Mike.

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Answered on 3/25/04, 5:50 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: order of protection notice

Yes, you prob will have a 1 yr OP against you to not call (and perhaps not contact by mail, etc) which means that you can be arrested for calling him for ANY reason unless it is written in court order that you can call about children, emergencies, etc. You must go and defend yourself. You will enter a denial. I have a feeling your husband must have tape recordings to present as evidence of your harrassing/annoying him so be prepared to explain.

Debra

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Answered on 3/27/04, 9:01 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: order of protection notice

Sometimes Family Court will permit participation in an appearance via phone and fax, if the proceeding is outside of the venue of the Respondent's residence. If the action in on calendar upstate NY 2 or 3 hours via public transit away and you have a hardship in attending report that to the judge and clerks and be available by phone.

Notwithstanding the above,.... don't and never call, write or have any contact with anyone who does not want contact with you. There is NO sufficient reason, excuse or explanation for attempting to impose your will upon another...adult. The result can only be conflict, that too often rises to the level of physical conflict.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ

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Answered on 3/29/04, 4:50 pm


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