Page 1 of 2 12 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Nov 2010
    Posts
    7

    Default Order of Protection: Victim Contacting Defendant

    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
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,775

    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
    Posts
    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
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,229

    Default Re: Order of Protection: Victim Contacting Defendant

    Quote Quoting 1191229
    View Post
    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

    Do not microwave grapes

  5. #5
    Join Date
    Nov 2010
    Posts
    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
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,229

    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
    Posts
    7

    Default Re: Order of Protection: Victim Contacting Defendant

    Thank you for your replies.

  8. #8
    Join Date
    Nov 2010
    Posts
    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
    Location
    California
    Posts
    14,043

    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.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  10. #10
    Join Date
    Nov 2010
    Posts
    7

    Default Re: Order of Protection: Victim Contacting Defendant

    Quote Quoting cdwjava
    View Post
    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.

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. Post-Conviction Relief: Will the State Go After the Victim if the Defendant is Found Not Guilty
    By whatisup in forum Criminal Procedure
    Replies: 4
    Last Post: 11-27-2010, 10:43 AM
  2. Did the Defendant Violate the Protection from Harassment Order
    By Sacogirl in forum Restraining Orders
    Replies: 4
    Last Post: 07-07-2009, 06:51 PM
  3. Replies: 3
    Last Post: 05-25-2008, 04:07 AM
  4. Initiation of Charges: Defendant Was Charged Even Though The Victim Dropped The Charges
    By intellem0s in forum Criminal Procedure
    Replies: 3
    Last Post: 02-22-2008, 05:58 AM
  5. Assault & Battery: Defendant In Assault Case Is Accusing Victim Of Trespassing
    By stressed out mom in forum Criminal Charges
    Replies: 3
    Last Post: 07-29-2007, 12:14 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document