N.Y. Top Court OKs Appeal of Expired Order of Protection

New York’s highest court ruled Thursday that orders of protection can be appealed even after they have expired because of the stigma they carry.

The Court of Appeals, reversing a midlevel court, said the issue is not moot simply because the court order is no longer in effect.

A man identified in court papers as Radcliff A. was accused by his 87-year-old aunt, in whose Manhattan apartment he was staying, of harassment. A Family Court issued an order of protection of two years. He appealed, but the case was delayed, then dismissed as moot once the order expired.

However, his lawyer argued that prior findings of domestic violence are a factor in custody determinations and orders of protection are put in a statewide computer registry that are not removed when they expire.

Judge Sheila Abdus-Salaam wrote in a ruling that even now, if the order against Radcliff A. came to others’ attention, they would “almost certainly view him as a domestic violence offender … a decidedly pejorative label.” It could be especially damaging for a work application, she said.

The man’s attorney argued that his client had never committed any offense, blaming the complaint on a cranky aunt who didn’t want him around.

This article appeared in print on page 4 of the February 13th, 2015 edition of Hamodia.