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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48368

Justice Weinberg

DEFENDANT SHOUTED an expletive from his car as he drove past his wife’s temporary residence. He was charged with criminal contempt for violating a Family Court’s order of protection prohibiting him from harassing his wife. Defendant moved to dismiss the criminal contempt charge, arguing that his statement “just wait until court on Monday” and the expletive did not rise to the level of harassment, annoyance or intimidation. The court dismissed the criminal contempt charge as being facially insufficient, noting that defendant’s statement “although rude and perhaps immature” was reasonable in light of the parties’ upcoming Family Court appearance. In addition to finding the statement to be merely indicative of defendant’s intention to win the battle being played out in the Family Court, the court found that the statement did not threaten physical violence or harm nor present a clear and present danger of some serious substantive evil.

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