Legal Question in Family Law in New York

Violation of an order of protection

I got an Order of pretection against my ex-wife. She is a correction officer. A bullet was left at my door with a note that said ''Sorry we missed you''. Even after the order of protection was served she still violated the order the last one was about a month ago. I filed a report and the police said they would pick her up. Now one month later I recieved a call from the precinct telling me that she was turnung her self in tommorow with her attorny and they want me to appear there to ID her. I asked a few friends about it and I was givin feed back that It dosen't sound right and this might be a trick. do I really need to appear for the order to take effect


Asked on 2/12/06, 8:58 pm

3 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Violation of an order of protection

Call the local district attorney, perhaps you can have an attorney appear with you, if legitimate.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 2/13/06, 9:59 am
John O'Donnell Attorney at Law

Re: Violation of an order of protection

I don't understand your concern. Are you saying the police are trying to "trick" you? It sounds to me that the police are trying to do their job. They want you to positively identify her so that identification is not an issue after they arrest her.

The arrest has nothing to do with the validity of the order of protection. Indeed, if the order was not valid the police could not make an arrest.

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Answered on 2/13/06, 10:13 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Violation of an order of protection

I am a little confused. On the one hand, it is quite reasonable and normal for such an arrest to take place a month after a complaint. On the other hand, you are not needed for an 'identification'. Identification is needed when the person charged with a crime is not identified by name and a physical ID is required. Here, she is admitting that she is the person charged and no id is required.

An attorney would charge about $250.00 to appear at the station with you to ensure that everything is 'kosher'.

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Answered on 2/13/06, 1:57 pm


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