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Walker v. Walker

86 N.Y.2d 624 (1995)

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Walker v. Walker

New York Court of Appeals
86 N.Y.2d 624 (1995)

  • Written by Haley Gintis, JD

Facts

Emma Walker (Emma) (plaintiff) obtained an order of protection against her former husband, Fred Walker (Fred) (defendant). In 1993, Fred was sentenced to jail for repeatedly violating the protection order. Following Fred’s incarceration, the family court issued a new order of protection that prohibited Fred from contacting Emma. However, while incarcerated, Fred continuously sent Emma written communications. Emma filed a petition, claiming that Fred had violated the new protection order. The family court held a hearing and concluded that Fred had violated the order on three separate occasions. The family court then sentenced Fred to serve three consecutives six-month sentences for the three violations. Fred appealed, arguing that the family court could not impose consecutive sentences for multiple violations of the same order of protection. The appellate division affirmed the family court’s sentencing over the dissenting opinion of two justices. The matter was appealed again. The New York Court of Appeals considered whether the family court had the authority to issue consecutive sentences.

Rule of Law

Issue

Holding and Reasoning (Bellacosa, J.)

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