Ask a Criminal Lawyer Buffalo NY: “I have a custody order with my ex who lives in buffalo ny. But I feel like she has been violating everything. If i brought a petition, what would the court look at?”

Criminal Lawyers Buffalo NY
Criminal Defense Attorney Buffalo NY

In New York, as criminal attorneys in buffalo in new york know, to establish civil contempt based upon a violation of a court order, the petitioner (person filing the petition) must show that (1) a lawful court order was in effect at the time of the violation; (2) the order stipulated a clear condition that must be followed; (3) and the person alleged to have violated the order had actual knowledge of the terms. A willful violation of a Family Court order must be established by clear and convincing evidence

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