11 Oct What is an order of protection? How do I get rid of it?
An order of protection is a court order precluding you from any contact with the person, also known as complaining witness, the person who had you arrested. What I mean by that, is let’s just say that a husband and wife get in to a verbal altercation, the wife calls the police on the husband, the husband gets arrested. The husband will eventually see the judge. Prior to the husband being released, the court will issue what’s known as order of protection.
The order of protection precludes the husband from any contact what so ever with his wife. Even if this wife, spouse or partner decides that he/she wants to drop the charges, it’s not up to them. It’s a court order which means that for the most part the person is precluded from any contact what so ever with this other person that includes Facebook, Twitter, phone calls, texting; you name at any type of communication that person is precluded. Now even if the other person says I look, it was a mistake, I wanna drop the charges, I love my husband, I love my partner, I don’t want this case to go on.
Unfortunately the spouse doesn’t called the shots, the district attorney does and the person has to, the defendant has to adhere the order of protection and if he doesn’t adhere the order of protection, what’s going to happen is that he’ll be rearrested and this time he’ll be charged with something even more serious than the assault. He’ll be charged, there shall be charge with penal law section 21550 Sub. 3 which is criminal contempt in the second degree, in the third the district attorney can also charge you with criminal contempt in the first degree but they gonna charged you of violating the order of protection and that is punishable up to a year in jail and it’s just not worth even getting arrested in the first place which is why you should lawyer up and call a skilled criminal attorney right away.
This is a transcription of an interview with James Medows.