Q: If I have a family court order that says my fiancé and I can be together does that supersede county court like criminal?

A: If a criminal court has issued an Temporary or Permanent Order of Protection, then you will need to see if that Order of Protection can be modified by a subsequent order of the Family Court. It is usually either written or "checked" on the Order of Protection. If the Order of Protection does not indicate that it can be modified by a Family Court order, then you may need to return to the court in order to protect yourself. A violation of an Order of Protection can result in additional criminal charges, so it's best to be sure.

A: I understand the complexity of your situation, and it's important to clarify how court orders from different courts interact in New York. In general, Criminal Court orders take precedence over Family Court orders, especially when it comes to orders of protection or no-contact orders issued in criminal proceedings. Violating a Criminal Court order can lead to serious legal consequences, including arrest and additional charges.

However, there are instances where a Criminal Court order may include specific language stating that it can be modified by a Family Court order. This is often phrased as the order being "subject to subsequent orders from Family Court" or similar wording. If the Criminal Court order contains this provision, then a Family Court order allowing you and your fiancé to be together could modify the restrictions imposed by the Criminal Court.

It's critical to review both court orders carefully. Check the Criminal Court order to see if it includes language that allows modification by the Family Court. Ensure that the Family Court order explicitly permits contact between you and your fiancé. Consulting with an attorney is highly advisable. A lawyer can interpret the specific language in both orders and advise whether the Family Court order legally modifies the Criminal Court order. They can guide you on how to comply with both orders without risking legal consequences.

If the Criminal Court order does not mention modification by the Family Court, your attorney can file a motion to have it amended. Requesting that the courts align the orders can help avoid any conflicts. In the meantime, it's wise to carry documentation of both court orders with you at all times. This can help prevent misunderstandings if questioned by law enforcement. However, until you have clear legal confirmation, it's safest to comply with the restrictions of the Criminal Court order to avoid unintentional violations that could have serious repercussions.

Police officers may enforce the Criminal Court order if they are unaware of any modifications, potentially leading to your arrest. Proper documentation of any changes is important, and proactive communication between the courts may be necessary, as they do not automatically update each other on changes.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. Legal outcomes can vary based on specific information about the case not detailed here. For personalized guidance, please consult a qualified New York criminal attorney.