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September 20, 2013

Ins and outs of protection orders


▶ Do not get together with the protected person, even to apologize or to try to work things out, unless you know from court or your lawyer that the judge has dropped the order of protection.

▶ Do not argue with the police. It does not matter if you do not think it was fair for the judge to issue the order of protection or even if the protected person does not want it. 

If the judge issued it, you will be committing a new crime if you violate it.

Penny Clute has been an attorney since 1973. She was the Clinton County district attorney from 1989 through 2001, then Plattsburgh City Court judge until she retired in January 2012.

CLARIFYING LEGISLATION Both houses of the New York Legislature recently passed bills -- A 6547-B and S 5605 -- making it absolutely clear that a protected party under an order of protection cannot consent to a violation of the order and cannot be charged with its violation. The legislation may be signed by the governor by the end of the year.

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