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Knowledge of Order of Protection Sufficient Even When Service Was Improper

father's rights attorneyIn a case before Judge John Hecht, sitting in the Criminal Court of Kings County, he was presented with a situation where an Order of Protection, initially granted in the Family Court, was improperly served on man named Jakubowski. The service of the Order of Protection was made by the party who sought to be protected by the Order of Protection. This was in violation of the service of the Order of Protection requirements.

Violation of Stay Away Order of Protection

Criminal charges were brought against Jakubowski. He was charged with criminal contempt and harassment. The criminal complaint alleged that he had made a gesture indicating a throat slashing with his fingers which was in violation of the stay away Order of Protection granted by the Family Court. Defendant, Jakubowski, moved in Criminal Court to dismiss the proceeding based on facial insufficiency. His attorney claimed he did not have knowledge of the Order of Protection because it was served by a party in violation of the service requirements concerning an Order of Protection. Jakubowski’s attorney argued his client’s alleged improper throat slashing gesture did not amount to a threat of harm under §240-26(1) of the New York State Penal Law.

Knowledge of Order of Protection Enough

Judge Hecht, in his decision, stated the issue concerning the Order of Protection was whether or not Jakubowski had notice of its existence. The Judge’s decision was since Jakubowski had actual notice of the existence of the Order of Protection, even though it was improperly served, the criminal contempt allegation was valid. The Court took the position Jakubowski had knowledge of the existence of the Order of Protection and he intentionally disobeyed it. Even though the statute concerning the Order of Protection was not complied with due to the manner of the service, the actual knowledge of the existence of the Order of Protection by Jakubowski was sufficient to satisfy the allegations he had committed criminal contempt by violating the Order of Protection. The court also denied Jakubowski’s application to dismiss the harassment charge for facial insufficiency.

Conclusion

In the event an Order of Protection is taken out against you, and you become aware of the existence of the Order of Protection, you need to comply with its requirements. This is true even in the event it is not properly served upon you.

advocate for fathersElliot Schlissel is a father’s rights attorney representing fathers concerning Orders of Protection, child support, child visitation (parenting right issues), and all other issues concerning divorce and in Family Court proceedings.

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.