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  1. #1

    Default Order of Protection, What More Can I Do?

    My question involves restraining orders in the State of: NY

    I have a full stay-away OOP on my wife, including the children. I have full custody of the kids. My wife just violated the order by showing up at the babysitter's house while I was working. I filed a complaint with the city police and they would not charge her. They told me to petition for a violation in family court. My wife's boyfriend drove her to the babysitter's house, since she had her license revoked. He parked several houses down from the babysitter's so, I am certain that he knew about the order.

    Obviously, I am petitioning for a violation of the court order on my wife BUT, is there any reason that I can not also get an order placed on this guy since he is now an accomplice? I really don't see any reason why this guy should be around these kids either now?

    My second question, which only a lawyer will be able to answer is; can I have this guy charged for anything criminal. I mean, come on; you are going to park half-way down the block from the sitter's and not ask questions! I understand that it would be a tough thing to pursue, but I am interested in knowing even if it is a small charge, because it is certainly causing me lost time at work and a whole lot of distress.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Order of Protection, What More Can I Do?

    This may sound like a silly question but why didn't the babysitter call the police the minute she stepped on the property where she was had responsiblity of the children? Trespassing should be enough to keep her away and give you a slight peace of mind. This would also be a way for the bf to be on record. Just a thought.

  3. #3
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Order of Protection, What More Can I Do?

    I'm wondering if you can get a restraining order? Or at least a court ordered injunction.

  4. #4

    Default Re: Order of Protection, What More Can I Do?

    Quote Quoting gigirle
    View Post
    This may sound like a silly question but why didn't the babysitter call the police the minute she stepped on the property where she was had responsiblity of the children? Trespassing should be enough to keep her away and give you a slight peace of mind. This would also be a way for the bf to be on record. Just a thought.
    The babysitter actually called me since, I literally work right around the corner. I was able to make it there in time to witness my wife leaving and getting into the car. Both the babysitter and I filed a report. The police did NOTHING. They said they called the D.A. and their interpretation of the order was that she was ok because she did not make contact with the children. The order says though, "Stay Away From (Husband & Children) Wherever they may be".

    It's funny, I thought the issuing judge was the one who made the determination on a violation and the cops only job was to deliver the person to them. It leads to my next question, this is the second violation where they have done nothing. How can I hold them accountable?

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Order of Protection, What More Can I Do?

    Did you try to get her on trespassing?

    At least you would have a third party account to show to the judge when you demand she stay 1000 ft away from you, the kids and your home, work and school.

  6. #6

    Default Re: Order of Protection, What More Can I Do?

    Disposeable cameras are great for documenting violations. Pair each one with a little notepad and pencil and rubberband them together in a handy bundle.

    Keep one handy at home, at your job, in your car or in your purse and snap pictures - making sure to take a note of when and where. A photograph is worth 1,000 words!

    For the very first image, take a photo of the front page of the newspaper for that day to "date" the camera (any subsequent pics on the roll must have occurred on or after that day). If you later get pics of violations on that roll ask police or the DA if THEY will get it developed, or, if you have to mail it off for developing, don't open the envelope when it comes back in the mail, just turn it over or bring it to court.

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