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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26797
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a stay away order of protection against my husband and

Customer Question

I have a stay away order of protection against my husband and we have a child in common. I was wondering if even though the OP only says my name if my son is covered under the order of protection too or does it have to say his name on the OP as well?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

If it doesn't say that he has to stay away from your child, then the order of protection applies just to you. If this is a criminal court order of protection ,and you feel your child is at risk from your husband, then you can call the prosecutor and ask him to modify this so that your child is covered.

In the meantime, if he has to stay away from the home, for example, he would not be able to just show up and say that he was there to see the child, since he does still have to stay away from you (unless the order specifies that he can).

Edited by FranL on 9/2/2010 at 3:52 AM EST
Customer: replied 6 years ago.

But on the OP it always has a box checked where is says to stay away and not to harrass the family of child of mine

Expert:  Zoey_ JD replied 6 years ago.

NOW you tell me!! :)

If it has a box like that and it is checked, of course he has to leave the child alone.
Customer: replied 6 years ago.
Ok and im cant do a conference with him, his attorney, myself and my attorney all in the same room correct because of the stay away op?
Expert:  Zoey_ JD replied 6 years ago.

That's a different story. If you both are required to go to court and appear, yes, you are both allowed to be in the courtroom, or in a conference room if that's where the judge tells you to go. But it's good that you will have a lawyer with you, as will he.
Customer: replied 6 years ago.
The judge didnt order it. its something his lawyer wants to do and mine thought it was a good idea. i dont know what to do becuase i dont want my husband holding it over my head saying i violated the OP
Expert:  Zoey_ JD replied 6 years ago.

This sounds to me like you have a criminal court order of protection but you also have a family court case pending.

The criminal court order of protection would not keep him from being able to litigate his interests in Family Court. If you have a case pending there, attending the case and doing what has to be done with it is not a violation of the order of protection. What he can't do is harass or threaten you, etc.
Expert:  Zoey_ JD replied 6 years ago.
I should have also added that you are the complainant on the order. It is not you who has to stay away from him, but he who has to avoid you. Obviously, you shouldn't go looking to have any contact with him (apart from your court dates). But you can't get in trouble as you are not under orders to stay away. He is.
Customer: replied 6 years ago.
we have nothing pending in family court yet. the stay away op was given by the criminal court.
Expert:  Zoey_ JD replied 6 years ago.
Then it's the prosecutor who wants to meet with you, your husband and his lawyer? ??
Customer: replied 6 years ago.

no its not. my lawyer said that his lawyer wants to have a conference in my lawyers office with him and i there. its not the prosecutor because i am trying to get divorced from him still.

Expert:  Zoey_ JD replied 6 years ago.
Okay. It's not an official court proceeding. It's not something the court wants. Its not even something your lawyer wants. It's something his lawyer wants.

If you're in the least bit uncomfortable with this, say no. Then discuss this whole thing with the prosecutor. You can get a divorce without having to sit in a lawyer's office with a spouse you're afraid of, and his lawyer shouldn't be pressing you to see him.