In People v. Wood, 260 AD2d 102, (1999) both the City and Family Courts issued orders of protection which the defendant allegedly violated. After trial, the Family Court found that the defendant wilfully violated the order of protection and committed the defendant to jail for six months. The defendant was also indicted and convicted in County Court for the same conduct. The conviction was subsequently reversed and the indictment dismissed on the ground that the prosecution constituted a violation of the Double Jeopardy Clause of the Fifth Amendment. The court held that the imposition of a civil incarceration penalty, under Family Court Act 846-a, was a punitive sanction foreclosing criminal prosecution of the same act.