Legal Question in Family Law in New York
protection order
once a permanent order of prtotection for one year was
granted, does that mean that you are no longer able to
return to your home once the order expires? the order
was issued for second degree harrassment.
2 Answers from Attorneys
Re: protection order
Once an order of protection expires, the
prohibitions contained therein also expire
You could technically return
but if the underlying problems which led to
the issuance of the Order of Protection
have not been resolved it is very common
for new charges to be filed and another
order issued. These also tend to follow
stays in jail, because it is the second
time the judge has to deal with the same
situation
during the year's absence, it is also
unusual for their to be no treatment or work
towards correcting difficulties or
commencement of legal action for divorce
or separation
seems counsel is needed
Re: protection order
Please see my response to your earlier question. Your approach to this problem has been unrealistic. Your wife does not want to live with you. The house is not going to be there for you.
It is time to end the marriage and to cut your losses. By trying to go back to the house, either now or a year from now, you would only be putting yourself in harm's way.
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