Saturday, September 7, 2013

Have an order of protection from Family Court against my husband, I recently received a letter from him. Will he be charged?

Q:  This order is from a domestic violence act which refrains him from much much more. This said I recently received a letter from him asking me for some documents he needs to resolve another case in Canada. He also stated that he would proceed with our divorce which has been pending since November '2012 otherwise he will not take any action. This in my eyes is a violation of the order I have, will he be charged? If not, I might be aggravating him and then he might not follow through with signing the divorce documents. Looking for some guidance on how severe his punishment would be if any? Thanks

A:  David's Answer:  The question is whether the order of protection includes a "no contact" provision. If yes, and he was personally served with a copy of the order, then this would appear to be a technical violation of the order. That said, because the substance of the letter was not intended t harass you, the Judge would likely let him off with a warning (perhaps after spending a day in jail if a warrant needs to be issued).   -- David Bliven, Westchester Family Law attorney (

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