Wednesday, July 10, 2013

How do I gety ex in front of the Judge who issued a restraining order ?

Q:  During my divorce the Judge in IDV (Intergrated Domestic Violence) court, where all matters pertaining to my divorce were heard issued a 5 year restraining order against my ex husband, with good reason. He had a prior restraining order that he violated, and spent one year in jail. He recently violated the 5 year restraining order, and I filed a complaint with the local police department. Today he surrendered to the police, was released ROR for a future court date. I want to make sure he goes back in front of the Supreme Court Judge who issued the restraining order. Do I also have to file a violation with the issuing court, or should the Judge who arraigned him today turn it over to the issuing judge ??

A:  David's Answer:  Yes, you'd need to file an order to show cause to enforce the order of protection in Supreme Court. You should also schedule a consultation with an Orange/Westchester Family Law attorney for a full assessment of your situation.  -- David Bliven, Westchester Family Law attorney (

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