Q: When someone is arrested for aggravated harassment in NY, can the harassed get an emergency order of protection?
My roommate threatened me physically. I made a police report. I asked them to leave me alone twice and they let me know they won't. I filed a police report for that as well, so now it is aggravated harassment and the police say to call them if they contact me and they will be arrested. Will I be able to get an emergency order of protection? If so, how long are EOP for? I am worried that if it is too short, they will come back to the apartment and try to harm me.
This is not a family court issue, it is criminal court (we were never intimate).
A: You can ask the DA to request that, and you can also file a civil restraining order. Have you considered moving out or asking the landlord to evict your room-mate for violation of the lease terms? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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