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Articles Posted in Orders of Protection

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New York Criminal Contempt and the Protected Person’s Residence: Trying to Build a Case without a Victim

Orders or Protection are perhaps the most frequent basis for Criminal Contempt charges in New York. Such charges and criminal cases have become so routine, that the actual complaints charging a defendant with such an offense can become so pro forma as to become almost meaningless. However, the accusations in…

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When a New York Misdemeanor Domestic Violence Arrest Becomes a Felony: Aggravated Family Offenses

New York Penal Law 240.75 is a section of New York’s criminal law that is somewhat of an unknown in the non-legal community. There is much support behind the concept that if you repeatedly commit and are convicted of domestic violence crimes or family offenses, at some point an order…

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Criminal Contempt in New York and the Identity of the Protected Person: What Role Does “Victim” Identity Have in a Criminal Complaint

Misdemeanor and Felony Criminal Contempt crimes and charges in New York, New York Penal Law 215.50 and New York Penal Law 215.51 respectively, often arises in the context of alleged violations of Orders of Protection. An Order of Protection is often issued by a Criminal or Family Court, and orders…

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New York “Sextortion” and Non-Consensual Pornography Crimes: Potential New York Penal Law Offenses Relating to “Revenge Porn”

It likely is neither an exaggeration nor overstatement. “Sextortion” and the circulation of sexual images by a malicious and ill-intentioned former spouse, boyfriend, girlfriend or other person is as emotionally devastating as it is overwhelmingly violative to the victim of such abuse. Unfortunately, New York State does not have any…

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Family Court “Crimes” and Offenses: Understanding NY Family Court Act Section 812

In the State of New York, if you commit a crime the police can arrest you and a local District Attorney can prosecute you for your alleged illegal conduct. For example, if you ball up your fists and intentionally take a swing at another person’s face, it is likely you…

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Am I Eligible to Receive an Order of Protection or Restraining Order: Domestic and Same Family Definitions in NY Family Court

I need a restraining order. How do I get an order of protection? A simple question deserves a straightforward answer, but unfortunately, as your lawyer likely can attest to, the law is not always cooperative on that front. Certainly, if you are a victim of a crime and an order…

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New York Domestic Violence Third Degree Assault Dismissed: Order of Protection Removed

There are few worse things than being accused of a crime you did not commit. Even more upsetting is if the crime you are arrested for in New York involves an accusation of Domestic Violence, Assault and Child Endangerment. Sadly, when marriages go south and divorces get nasty, criminal lawyers…

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How do I get an Order of Protection and Restraining Order in Rockland County: Rockland County Family Court in New City

The names and places may be interchangeable, but the questions regarding how to get a Family Court order of protection or restraining order in Rockland County, New York all come down to the same thing. I need a restraining order against my ex-husband in New City, what is a petition?…

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Blackmail, Extortion, Harassment, Hacking, Stalking & Other Victimization: Options to Protect Yourself Both Inside and Outside the Criminal Justice System

New York Blackmail and Extortion comes in different “flavors” and “sizes”. These cases are often as unique as the circumstances, victims and perpetrators. Often, when there is an extortion, threat of embarrassment, demand for money or mere harassment, a victim is hesitant to go to the police even when the…

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