If my boyfriend and I were arrested for assault and the judge placed order of protection on us but we are still dating, can we get into trouble?

This was the 1st time either of us have ever been arrested. It was a drunken argument that got carried away and we were both charged with assault. The judge placed a temporary order of protection for 6 months, but we began speaking again a month after our arrest because we are very much in love. We each have to appear in court separately and we are scared that the court will know we are talking therefore have broken the order of protection and will throw us in jail for contempt. What should we do?

Asked on June 29, 2012 under Criminal Law, New York


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Any violation of a Court Order can result in Contempt charges by the Judge if you willfully disobey the court's orders. Protection orders are issued to protect the safety and well being of one or more parties by keeping them apart and free from contact from one another. If you two are still together, it may be best to come forward with this to the Judge in hopes the Judge will lift the protection order, and not hold anyone in contempt. It appears that this was ordered due to the initial assault between you two in which the Judge had little information to go on other than the assault charges.

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