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P. Simmons
P. Simmons, Attorney
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Experience:  16 yrs. of trial experience
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What are the potential consequences for violating a restraining

Customer Question

What are the potential consequences for violating a restraining in order in Putnam county NY state?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Potential consequences include jail time and a criminal conviction.

There are three different types of restraining orders in NY (they are actually called an "order of protection" and issued by the court to limit the behavior of someone who harms or threatens to harm another person.

Since it is a court order, the court has the power to enforce its order. This is trough the "contempt" process.

Basically, if the court orders person A to stay away from person B and A violates this order, then the court can punish A for contempt. This can include jail time, as well as a criminal conviction for contempt.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 27023
Experience: 16 yrs. of trial experience
P. Simmons and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


I understand it can include jail time, but what is the likelihood that this will be the case in a first offense, the person in question drove by the home and had no contact with the petitioner?

Expert:  P. Simmons replied 1 year ago.
Actually it is quite possible that the court would impose jail time if they can prove the person violated the order.

How long? That depends on the circumstances...for first offense, no priors, I would think a month or less.

Understand that the court will not be shy impose its power to confine if there is evidence that its order was broken. In this case, if the person knew of the order, broke it, and the court is made aware, I would expect some jail time to send the message that the order from the court must be followed.

Customer: replied 1 year ago.


Thanks

Expert:  P. Simmons replied 1 year ago.
You bet. Best of luck with this

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P. Simmons
P. Simmons
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16 yrs. of trial experience