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Protective Orders

BY Janice Inman
August 02, 2014

When a person is contemplating obtaining a civil protection order barring a spouse or other family member from making contact with him or her, that person has relative control over the situation: The victim can seek an order of protection or forgo it. If he or she opts for the former but decides later on that the abuser should not be required to stay away, the action seeking an order of protection can be discontinued or, if an order has already been issued, the victim can go back to the court to ask that it be changed or abolished. But how much say does the victim have when a protective order is issued in his or her favor as part of a criminal proceeding?

Two Requests, Two Outcomes

In the recently decided People v. Lightfoot, 2014 N.Y. Misc. 1176 (2d Dept. 3/10/14) (Nicolai, P.J., Iannacci and Marano, JJ.), the defendant husband was charged with harassment in the second degree, in accordance with Penal Law section 240.26 (1), for slapping his wife's face. At his arraignment on the criminal charge on Aug. 3, 2011, the court ordered the man to stay away from his wife. Despite this, he threatened his wife with physical violence on Aug. 20, 2011. This behavior led to a charge of criminal contempt in the second degree under Penal Law section 215.50 (3). (He was also charged at that time with other minor offenses.) On Sept. 16, 2011, the defendant pleaded guilty to the criminal contempt and harassment charges.

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