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  1. #1
    Join Date
    Mar 2015
    Location
    Rochester, NY
    Posts
    22

    Default Will Filing a Civil Suit Violate a Protective Order

    My question involves criminal law for the state of: New York (not NYC)

    Hi,

    I am needing to file a civil suit on an individual who has placed a 1 year order of protection on me. My attorney did not know off-hand if this violates an order of protection & is checking to see if I will/will not be ok filing small claims on this person.

    I have heard of people being arrested in other states for filing court documents against someone who has placed an order of protection on them. I would assume this is law enforcement not understanding how process works (I found out they don't know much, no surprise)?

    The research I have done on malicious prosecution makes me believe that there is no way a court document being received by someone, who has an order of protection on the individual filing the claim, could result in the person filing the claim (me) being arrested. Further more, if the holder of the order of protection (person I am filing suit on) commits a crime against me, which is very possible, how would you file criminal charges on someone without violating the order, if they get a copy of their warrant mailed to them? Them receiving a copy of a warrant, is essentially me brokering communication between law enforcement to them, accusing them of a crime, the same way me filing suit on them, is my accusing them of something warranting a suit. This is another reason why I do not believe a small claims suit violates an order of protection, once they receive court papers. If it is a violation, that makes zero sense to me.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Filing Civil Suit - Violation of Protective Order

    Yeah, we po' dumb coppers don't know nothin' ... But, then, this is not an area they are trained in so I wouldn't expect an officer to give much advice on this. But to answer your question, yes, the civil process CAN be seen as violation of a protective order. Whether it will in your case may very well depend upon the cause of the lawsuit and how you handle it.

    My suggestion would be to allow your attorney to make that determination. At least that way you'd have a defense if you were accused of violating the order as you were proceeding on the advice of counsel. Beware, if your suit is seen as being without merit or you seek to use it to bring yourself into contact with the protected party in any way outside of court, you could find ourself in hot water - I have seen it happen.

  3. #3
    Join Date
    Mar 2015
    Location
    Rochester, NY
    Posts
    22

    Default Re: Filing Civil Suit - Violation of Protective Order

    Ok so I'll take my lawyers advice. The reality is that I am not using this to get close to the other party - I want nothing to do with them & wish I did not have to be around them in court (if I had the choice). They are people I wish to never encounter again, I am just trying to get my money owed money back. To me it seems crazy that A court could prevent this or that I could be viewed in contempt of for doing what is just.

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