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  1. #1
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    Nov 2010
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    Default Can the Victim Contact the Defendant After Getting an Order of Protection

    My question involves restraining orders in the State of: NY

    Review: Police report contained hearsay evidence and was submitted in Class A Misdemeanor complaint. The parent of the listed complainant is noted as the one to have given the statement. After arrest and being served a temporary order of protection, alleged victim made three documented attempts at contacting the defendant. All of which were presented to the court and an ACD was granted.

    Defendant received ACD, with provisions of a one-year Order of Protection and attending counselling prior to the six-month mark. (Not a Domestic Violence case.)

    Question:
    The defendant successfully completed counselling. Attorney is helpful and claims that he has brought the evidence to the D.A, but nothing stems from it. Evidence includes: *Defendant has received numerous blocked calls and instant messages, one of which was traced to a friend/classmate of the petitioner.
    *Petitioner has also tried to contact defendant through mutual friends and asking to pass messages along.

    Can the defendant, or rather, does the defendant have enough evidence to appeal the order of protection? Defendant timid to ask attorney for this motion as the case was heavily debated.

  2. #2
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    Sep 2005
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    Default Re: Order of Protection: Victim Contacting Defendant

    You haven't shared the relevant facts, but I doubt it. The person being protected from the defendant appears to be a minor child, and the minor child's poor judgment in trying to continue a relationship with the person won't trump the judgment of the adults (parents, judge, probation officer, etc.) who think that's a bad idea.

  3. #3
    Join Date
    Nov 2010
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    7

    Default Re: Order of Protection: Victim Contacting Defendant

    You are correct in that assumption. I might add the petitioner is now at the age of consent. The defendant has recently received an email from the petitioner asking for the defendant's attorney's contact information.

  4. #4
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    Default Re: Order of Protection: Victim Contacting Defendant

    Quote Quoting 1191229
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    You are correct in that assumption. I might add the petitioner is now at the age of consent. The defendant has recently received an email from the petitioner asking for the defendant's attorney's contact information.

    But still a minor?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

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  5. #5
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    Nov 2010
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    7

    Default Re: Order of Protection: Victim Contacting Defendant

    Forgive my not understanding, but do you mean a "minor" as in not at the age of eighteen? Or do you mean NYS definition as someone at the age of consent, which is seventeen? The petitioner is seventeen.

  6. #6
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    Default Re: Order of Protection: Victim Contacting Defendant

    Then the petitioner is still a minor - the age of consent is not the same as the age of majority.

    I agree with Mr Knowitall's earlier post.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Nov 2010
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    7

    Default Re: Order of Protection: Victim Contacting Defendant

    Thank you for your replies.

  8. #8
    Join Date
    Nov 2010
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    7

    Default Re: Order of Protection: Victim Contacting Defendant

    I have just one another question. Can the petitioner request a dismissal of the order of protection? It is my understanding that the judge signed it and only the judge can make that ruling, but what can the petitioner (with the evidence of attempt to initiate contact with the defendant) do in this situation? As mentioned before, the defendant and mutual friends have been contacted by the petitioner requesting attorney information. Is that communication allowed? Are mutual friends allowed to offer this information?

  9. #9
    Join Date
    Sep 2005
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    California
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    17,831

    Default Re: Order of Protection: Victim Contacting Defendant

    Contact with the protected party by the restrained party tends to be a violation of the order in most states. I imagine it is the same in NY.
    **********
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  10. #10
    Join Date
    Nov 2010
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    7

    Default Re: Order of Protection: Victim Contacting Defendant

    Quote Quoting cdwjava
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    Contact with the protected party by the restrained party tends to be a violation of the order in most states. I imagine it is the same in NY.
    This I understand, however, my question was whether or not the protected party was allowed to contact the defendant's attorney and if they had any influence in the motion to vacate an order of protection.

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