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orders of protection Tag

The Law Offices of Ian S. Mednick, P.C. > Posts tagged "orders of protection"

Disorderly Conduct and the 2nd Departments recent decision of Cassie v. Cassie

In the criminal context disorderly conduct is only that conduct which occurs in a public place and extends to a "point where it becomes a potential or immediate public problem".  In the context of a Family Court Order of Protection it does not have to extend to a public problem and includes behavior "not in a public place".  However it gets very tricky because the Petitioner still has to prove that the offender committed the act with intent to cause or recklessly pose a risk of causing public inconvenience, annoyance, or harm.  The 2nd Dept. in Cassie v. Cassie reversed...

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How to Obtain an Order of Protection

If you are being abused obtaining an Order of Protection is not a difficult task as long as it is done correctly.  The first thing that you have to do is go to your local Family Court and fill out a Petition.  This is the most important step in the process because if you do not meet the necessary elements for such an Order than it will either not be granted or it may simply get dismissed at the initial Court appearance.  Often a temporary Order of Protection is granted but ultimately is dismissed at the initial Court appearance as the...

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