[NY] Can I send a notice of intent to sue to someone who has an active protection order against me without violating the order?

NY Criminal Law

Liz

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In NY, sending the letter can be a breach of the order. It usually requires that you use an attorney to send any legal documents.(New York Family Court Act § 842)

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Hello Sir, I have a protection order filed against me but would like to know if I can legally send an intent to sue notice to the person that filed the PO against me.

Lexi, Chatbot

I understand that dealing with a protection order can be very stressful. Can you tell me if the protection order is currently active or has it been resolved?

Active.

Lexi, Chatbot

Have you had any prior legal issues or interactions with the person who filed the protection order?

We were engaged and had been dating/living together for ~6 years.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, what does the order restrict?

“Refrain from contact, or communication including mail, text, email, etc. This would be official legal notice of my intent to sue.”

Liz

Understood, and with the notice, does the other party have an attorney?

No.

Liz

Thanks for letting me know. Could you tell me which state you're in? This helps me understand the legal context better.

NY (Steuben County).

Liz

Got it, thanks!

Liz

In NY, sending the letter can be a breach of the order. It usually requires that you use an attorney to send any legal documents.(New York Family Court Act § 842)

Ok, guess I will have to look into that instead of breaching the order. What type of lawyer should I be looking for, i.e., what type?

Liz

What are you suing for?

Funds stolen/transferred without authorization from my personal checking account to her, and use of my debit card.

Liz

Did you file a police report?

She stole my card and a phone logged into my bank account while I was incarcerated. No police report files. Maybe that should have been the first step. I just got out of jail and was homeless. All I have done was work with bank to prevent it from happening in the future.

Liz

Filing a police report can be a good idea. For that kind of suit, it would usually be a fraud issue.

Ok, will definitely get that done.... is there a particular legal specialty lawyer I should seek out for fraud cases?

Liz

It would usually be a fraud litigation attorney.

Awesome, thank you for the information.... I think that is all I needed.... have a great day!

Liz

You're very welcome! Have a great day too!

Liz

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