Violating Stay Away order.-NY

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Latest post Sun, Apr 8 2007 2:54 PM by Suzie2. 2 replies.
  • Mon, Apr 2 2007 6:44 PM

    • Suzie2
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    • Joined on Wed, Mar 28 2007
    • Posts 6

    Question [=?] Violating Stay Away order.-NY

    My ex-fiancee continually violates a stay away order that I have against him. There is no specific footage of distance but he must stay away from me, my kids and our home and place of employment. The trouble is he left a lot of his possessions at my house. Which I have stored in my garage. He wouldn't leave a bar I was at the other day, and he sent his sister over to tell me this was a small town and I shouldn't want enemies. That night, the ABS wires were cut on my front tires. I was happy it wasn't my brake lines. I have spoken to the DA but it seems he (the Ex) has been making a lot of nasty phone calls and making it look like I am holding his stuff ransom. I gave him 10 days before the stay away order went into effect to get his stuff. He chose not to get any of it. I told him to make a list of his stuff, he refused. I told him that his family could come and get it at anytime and No one has. This is now almost a month ago. I did file a complaint for the first violation where he wouldn't leave a bowling alley. I also called the cops when he wouldnt' leave the bar, but they are short staffed. I am afraid if I keep filing complaints he will do something more than cutting my car wires. Should I do it anyways?
  • Tue, Apr 3 2007 10:56 AM In reply to

    re: Violating Stay Away order.-NY

    "There is no specific footage of distance but he must stay away from me, my kids and our home and place of employment."

    If there is "no specific footage of distance," what does "stay away" mean? A person subject to an order of this sort MUST be made aware of exactly what he can and cannot do. A vague order may not be enforceable.

    "He wouldn't leave a bar I was at the other day"

    Who was there first? Even if it was you, why should he have to leave?

    "he sent his sister over to tell me this was a small town and I shouldn't want enemies."

    So? Is that covered by the order?

    "I did file a complaint for the first violation where he wouldn't leave a bowling alley."

    Again, who was there first, and why SHOULD he have left?

    "I am afraid if I keep filing complaints he will do something more than cutting my car wires."

    Did he admit to doing this? Do you have any evidence that he did it?

    "Should I do it anyways?"

    We can't tell you what you should or shouldn't do, but it may be smart to go talk to a lawyer about seeking to have the restraining order clarified.
  • Sun, Apr 8 2007 2:54 PM In reply to

    • Suzie2
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    • Joined on Wed, Mar 28 2007
    • Posts 6

    re: Violating Stay Away order.-NY

    The police told him that if i was in a building he would have to leave. They told him it didn't matter who was there first. If I was there, he could not be there. There was no evidence it was him when my wires were cut but he did threaten to do it. I understand what you are saying, I was just wondering after the police made it very clear as to where he could and couldn't be, he chose to ignore it.
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