| Posted By |
Message |
RonniesMommy
LIF Infant
Member since 10/05 246 total posts
Name:
christine
|
order of protection fraud?????
ok, someone I know has an order of protection on her husband, but she was still living with him. she has children with him and he was not supposed to see the kids until they were 18. well they were both arrested this morning.. does anyone know what is going to happen? I know they both have warrants also. I have their kids because the police were going to take them.
|
Posted 5/3/09 1:38 PM  |
| |
|
Long Island Weddings
Long Island's Largest Bridal Resource |
Tracey
***********
Member since 5/05 6297 total posts
Name:
Tracey - brideinapril
|
Re: order of protection fraud?????
It depends - what exactly were they arrested for?
|
| Posted 5/3/09 3:27 PM |
| |
|
RonniesMommy
LIF Infant
Member since 10/05 246 total posts
Name:
christine
|
Re: order of protection fraud?????
They were arrested because she put an order of protection on him months ago and he is still living in the house. They wouldnt let the police in so they had to break down the doors. I think they still have warrants out for their arrests from years ao.
|
| Posted 5/3/09 3:35 PM |
| |
|
Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
|
Re: order of protection fraud?????
I would assume the next step would be their arrainment and bail will be set...tomorrow morning I guess
If they can post bail- they would get out...if not they stay in jail awaiting trial or a plea
|
| Posted 5/3/09 3:56 PM |
| |
|
RonniesMommy
LIF Infant
Member since 10/05 246 total posts
Name:
christine
|
Re: order of protection fraud?????
Posted by Beth
I would assume the next step would be their arrainment and bail will be set...tomorrow morning I guess
If they can post bail- they would get out...if not they stay in jail awaiting trial or a plea
Is there any way they can do jail time for this?
|
| Posted 5/3/09 4:01 PM |
| |
|
Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
|
Re: order of protection fraud?????
No clue...a lot is going to depend on what the outstanding warrents are for....
|
| Posted 5/3/09 4:21 PM |
| |
|
Tracey
***********
Member since 5/05 6297 total posts
Name:
Tracey - brideinapril
|
Re: order of protection fraud?????
Posted by Beth
No clue...a lot is going to depend on what the outstanding warrents are for....
exactly - if the warrants were for, say, traffic things - she could probably pay the fines and be released.
eta - were the police there because of the warrants?
I'm just asking because you said they wouldn't let them in - so i am guessing she wasn't trying to enforce the order of protection.
Message edited 5/3/2009 6:16:13 PM.
|
| Posted 5/3/09 6:14 PM |
| |
|
Wendy1220
LIF Adult
Member since 3/06 2004 total posts
Name:
wendy
|
Re: order of protection fraud?????
She wasn't arrested because he was in the house, more than likely she was arrested because of the old warrant. Basically, and I'm not saying it's okay but he was ordered by the court to stay away from that house. Regardless of whether or not she was allowing him to remain there, he is in violation of a court order.
Can't say if there will be jail time or not. I am interested though, is this in Nassau or Suffolk and do you know who called 911 to begin with?
|
| Posted 5/3/09 7:45 PM |
| |
|
cjik
Welcome 2010!
Member since 2/06 8879 total posts
Name:
|
Re: order of protection fraud?????
Sorry, but I don't get this. Why did she get an order of protection and then let him continue to live in the same house? He must have posed a threat at some point, no? I mean no offense, but this annoys me as someone who once had an order of protection, had it violated repeatedly, and had no police action when the violations were reported. But I digress.
Anyway, back to your original question. I can see why they arrested him, but I don't see why they arrested her. If she choose not to contact the police or ask him to leave the house, that's really her business. It sounds as if something else is going on, though what, I am not sure from the information.
|
| Posted 5/3/09 8:53 PM |
| |
|
DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
|
Re: order of protection fraud?????
Posted by RonniesMommy
ok, someone I know has an order of protection on her husband, but she was still living with him. she has children with him and he was not supposed to see the kids until they were 18. well they were both arrested this morning.. does anyone know what is going to happen? I know they both have warrants also. I have their kids because the police were going to take them.
There are a bunch of things that dont' necessarily add up. I've never seen an order (of any kind) that flat out prohibits contact between parent and child until the child reaches age 18.
Second, it is totally possible to have an OP and still live together. Not all OPs are the stay away variety, some are just refrain from. But a refrain from doesn't make sense if there is some kind of order prohibiting contact with the kids.
Third - old warrants?? What kind?? Bench warrant for failure to appear, warrant for not paying child support, warrant for a criminal charge?? And why do both parties have warrants??
Cops & kids . . . it's nice that you took them in, but if their parents are going to be incarcerated for any length of time it might be more than you bargained for.
I would call the precinct and ask when & where the arraignment will be and show up and find out what is going on.
|
| Posted 5/3/09 9:45 PM |
| |
|
Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
|
Re: order of protection fraud?????
nm - poor reading comprehension skills. 
Message edited 5/4/2009 9:39:48 AM.
|
| Posted 5/3/09 10:52 PM |
| |
|
DRMom
Two in Blue
Member since 5/05 20223 total posts
Name:
Melissa
|
Re: order of protection fraud?????
Posted by Kara
Posted by DancinBarefoot
Second, it is totally possible to have an OP and still live together. Not all OPs are the stay away variety, some are just refrain from. But a refrain from doesn't make sense if there is some kind of order prohibiting contact with the kids.
No, it's not totally impossible. It's impossible for the object of the order of protection to be legally permitted to live with the victim, but it's certainly not impossible for the victim to get an OP and then decide to live with the object of the OP again. In cases of domestic abuse, for example, this happens ALL the time.
She said it's possible-think you misread
|
| Posted 5/3/09 11:41 PM |
| |
|
Shelly
She's 7!!!
Member since 8/05 14624 total posts
Name:
|
Re: order of protection fraud?????
Also, are you sure it is your friend who has an order of protection on her husband? I have seen cases where a law guardian (basically, the child's lawyer) gets an order protection against a parent, but the other parent allows them in the house.
In the cases I've seen, the child was removed from the home and put in foster care.
|
| Posted 5/4/09 9:00 AM |
| |
|
Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
|
Re: order of protection fraud?????
Posted by DRMom
Posted by Kara
Posted by DancinBarefoot
Second, it is totally possible to have an OP and still live together. Not all OPs are the stay away variety, some are just refrain from. But a refrain from doesn't make sense if there is some kind of order prohibiting contact with the kids.
No, it's not totally impossible. It's impossible for the object of the order of protection to be legally permitted to live with the victim, but it's certainly not impossible for the victim to get an OP and then decide to live with the object of the OP again. In cases of domestic abuse, for example, this happens ALL the time.
She said it's possible-think you misread
Yikes - I did! Thanks. Sorry! 
|
| Posted 5/4/09 9:01 AM |
| |
|
Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
|
Re: order of protection fraud?????
.
Message edited 5/4/2009 9:39:54 AM.
|
| Posted 5/4/09 9:01 AM |
| |
|
mrsej
The cutest!
Member since 1/07 2495 total posts
Name:
Mommy
|
Re: order of protection fraud?????
There are 2 types of orders of protections - limited and full. Limited orders allow people to have contact/live together. It is limited in that it orders a person not to harass/hit/push the person that has the order. sounds bizarre b/c you shouldn't do that, but that is the limited. full orders demand that the person stay away from the other individual - no phone calls, letters, any contact whatsoever. If a person who has the order invites the person who she has the order against over her house, she will not be arrested - never heard any da's office going forward with a case. I don't even know if there is a charge. On the other hand, if that person who the order is against goes to the person's house, even though invited, he can get arrested b/c it is a court order he is violating - criminal contempt in the second degree - A misdemeanor - punishable up to 1 year jail. If they have warrants, that is a whole separate issue. Who knows what the warrants are for - a judge can remand them depending on what the warrant is for.
|
| Posted 5/4/09 10:30 AM |
| |
|
