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?
3 Answers from Attorneys
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.
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
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