Order of Protection specifics

[roxie2k3]

What is the name of your state (New York)

In November of 2009, my ex (boyfriend) of 5 years, went to jail for violating an Order of Protection, braking into my house, and kicking down my door. He was released from the County Jail in the beginning of July 2010 and moved in with my neighbors (right next door to my house). I called the police a few times afraid for the safety of my kids and I and they did nothing stating he was allowed to live there. He was eventually arrested for violating the Order of Protection only after my father spoke with the DA who then spoke with the Chief of Police. My neighbors are fighting this fight for him. They are paying for his attorney and doing whatever they can do so that he can get out and move back in with them.

My question is, is there anything written in NY Law that specifies in detail and distance what “stay away from you, your home, your workplace, and your family” means on an Order of Protection. My order states that he needs to stay away from all that but how far isn’t specified.

Second question is am I making to much out of this?

 

[mistoffolees]

What is the name of your state (New York)

In November of 2009, my ex (boyfriend) of 5 years, went to jail for violating an Order of Protection, braking into my house, and kicking down my door. He was released from the County Jail in the beginning of July 2010 and moved in with my neighbors (right next door to my house). I called the police a few times afraid for the safety of my kids and I and they did nothing stating he was allowed to live there. He was eventually arrested for violating the Order of Protection only after my father spoke with the DA who then spoke with the Chief of Police. My neighbors are fighting this fight for him. They are paying for his attorney and doing whatever they can do so that he can get out and move back in with them.

My question is, is there anything written in NY Law that specifies in detail and distance what “stay away from you, your home, your workplace, and your family” means on an Order of Protection. My order states that he needs to stay away from all that but how far isn’t specified.

Second question is am I making to much out of this?

First question. I'm not aware of any default distance, but since I think you said your father was a judge (before editing), so ask your father.

I am aware of cases where people have obtained restraining orders against a neighbor, so it is possible to live next to someone even with a restraining order in plae.

Second question. No, I don't think you're making too much of this. He broke into your house and kicked down the door. Then, after getting out of jail he wants to move next door? I'd be concerned, as well.

I'd ask your father for advice. He can't get directly involved in the case, but he can steer you in the right direction. I would also go back to court to get a modification of the protection order with something saying that he has to stay 500 feet (or whatever distance seems appropriate) away. Given the circumstances, I don't think that's unreasonable.