Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: It seems that whole policy with the mandatory arrest opens the door to other charges, such as resisting arrest?

Michael Kramer: Yes, exactly. The police arrive, a husband is separated from his wife, the police interview both. The wife says, “I don’t want him arrested. I don’t want him taken out of the house.” The police say, “Well we have to.” The husband hears the wife say that and the husband says, “Why are you arresting me? She just said she doesn’t want to prosecute. I’m not going with you.” He starts resisting and everything snowballs from there.

It Is a Misdemeanor to Violate an Order of Protection

Then he’s arrested and he’s charged with assault and an order of protection is issued. The wife then wants to drop the charge for assault, but the husband, during the time the order of protection is in place, visits the house at the wife’s request and they argue or even if they do not argue, a neighbor sees him visit.

The police are notified. The police come and now they arrest the husband for violation of the order of protection, which is a criminal contempt charge, another misdemeanor.

Now regardless of what happens to the original assault case, it may even be dismissed. But you have a criminal contempt that’s actually treated more harshly than the original assault. Again things snowball.

Orders of Protection Are Considered a Full Stay Away Order and No Contact Is Allowed

Interviewer: Are orders of protection restraining orders?

Michael Kramer: Yes, it’s the same thing. The most onerous part of it is there’s a full stay away provision. Meaning the one party cannot have any contact whatsoever, directly or indirectly, with the aggrieved party, with the so-called victim.

It’s that stay away that causes the most hardship with regard to husbands and wife and mother and son or other relationships. That’s the provision that you try to remove, Then the order of protection will stay in effect without a stay away. The problem is the district attorney will not, under normal circumstances, remove that stay away clause and allow the husband to resume his relationship in the marital home. Regardless of what the wife wants, they don’t even listen. It just causes a tremendous hardship. Many times, it causes marriages to fail that would not otherwise do so.

Orders of Protection Are Routinely Issued in Conjunction with a Domestic Violence Charge

They’re issued as a matter of course in domestic violence incidents. As soon as it goes to a domestic violence court, and by the way, in addition to the district attorney having a domestic violence branch, there is a special court in Westchester County assigned to handle domestic violence cases. Cases from various local courts are referred to that court.

The standard practice is to issue these orders of protection as a matter of course. Even though you’re not found guilty of anything, but you’re merely charged.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161