New York, NY asked in Criminal Law for New York

Q: If a person violates a stay away Order of Protection, does the police have an obligation to arrest them?

I have an Order for Protection and this person showed up at my door again. The police came and didn't want to arrest her. They told me they didn't have to and could weigh the circumstances

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1 Lawyer Answer
Marco Caviglia
Marco Caviglia
Answered
  • Criminal Law Lawyer
  • Lagrangeville, NY
  • Licensed in New York

A: CPL 140.10(4) mandates the arrest of someone violating an order of protection, and the officer is prohibited from trying to reconcile or mediate the parties, where there is reasonable cause to believe the order was violated.

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