If I was told that there is a order of protection in place for a domestic but I never received the physical order and I was later arrest for criminal contempt, can this charge hold up?

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If I was told that there is a order of protection in place for a domestic but I never received the physical order and I was later arrest for criminal contempt, can this charge hold up?

Asked on December 18, 2014 under Criminal Law, New York

Answers:

Arkady Bukh / Bukh Law Firm, P.C.

Answered 6 years ago | Contributor

You are entitled to be served with any order of protection for the order to be valid and in effect.  The order itself should have been returned to the court with a proof of service on it for it to be activated.  If it is this order that you have been arrested on your attorney will have good argument that it did not apply as it was never served. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You need to be notified of the Order of Protection   It should have been served upon you.  There could be no final order or violation of that order unless notice and service was proven.  So I would speak with an attorney as soon as you can. 


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