Family law stay away order violation

[Theconfidont]

What is the name of your state (only U.S. law)? New York
I have a stay away order in family court in ny. My x has 3 violations on it. 1. For stalking. 2. For assaulting me 3. For harrasing my child who is included In order by questing her about my husbands life.
How much time will the judge give him if he goes to trial? Or can he plead out in family court like you do in criminal where they offer u a deal? And if he takes the violations to trial will he get more time versus if he pleads guilty or takes a plea if they offer such a thing in family court.

 

[DAD10]

Do you mean a RO?
Stalking is a Felony-these are criminal charges.
I believe these charges (if convicted) are criminal matters and would be considered a different case-not to say the family court would take these charges under consideration.
The Judge would not give him time for going to trial, and would wait for the outcome of these charges before sentencing.
As to the outcome no one can predict if convicted or not- the Judges determination.

 

[Theconfidont]

Family order stay away

Yes but in ny the call them stay away orders. And the law is so screwed up here that family court hears the matter because family court is where we got the stay away order. Pre-trial is already set in family court. The judge will sentence him with a contempt charge. That's how family court will confine him. I just wanna know how long what is the minimum maximum and normal amount they give for a violation in family court. And if it works like criminal court where they offer a plea. Etc etc

 

[ErinGoBragh]

Yes but in ny the call them stay away orders. And the law is so screwed up here that family court hears the matter because family court is where we got the stay away order. Pre-trial is already set in family court. The judge will sentence him with a contempt charge. That's how family court will confine him. I just wanna know how long what is the minimum maximum and normal amount they give for a violation in family court. And if it works like criminal court where they offer a plea. Etc etc

I can only tell you my sister's personal experience from the merged court system you are talking about- please just use this as a reference point, I am not saying this will be what happens, merely what happened to her. Her ex was found guilty of criminal contempt in the second degree. He was thrown in jail for 30 days for it. I am not sure about his plea, but he didn't have an attorney. I'll ask her more about it when I see her later today- my understanding is that these family court/criminal court (for DV and the like) mergers are a relatively new thing to the state.