What to Expect from an Order of Protection in a Criminal Court Case in NYC
What Is an Order of Protection?
An order of protection is a court order issued by a criminal, court, family court, or New York Supreme Court, to protect a person from being contacted or harassed. An order of protection is sometimes referred to as a restraining order. Usually an order of protection is a “stay away” order, meaning that you are ordered to stay away from another person.
Besides Ordering Me to Stay Away, What Else Can an Order of Protection Do?
Each order of protection is different and is based on what the judge thinks necessary to protect the victim. An order of protection can also order you to stay away from members of the victim’s family and to stay away from the victim’s pets. The judge can also order you to do certain things such as pay child support or follow the terms of a custody agreement.
What Happens if I Violate the Terms of an Order of Protection?
If you violate the terms of an order of protection, you can and will be arrested, and face a new criminal charge, Criminal Contempt. It does not matter if you did not physically harm to person who took out the order of protection. Calling, texting, or even making a gesture to the person on the street while walking by is enough for you to be arrested. If you have been accused of breaking the terms of an order of protection, it is important that you contact an experienced New York order of protection lawyer to defend you.
I Believe the Order of Protection That Was Taken Out Against Me Is Unjustified. What Should I Do?
If you believe that the order of protection is not warranted, you must still abide by its terms. You cannot make an agreement with the person who requested the order of protection to allow you to have contact. In order to fight an order of protection, you must go to court with evidence that the order is not warranted. For example, if you can prove that the accuser lied about the incident on which the order is based, then the judge may be inclined to vacate the order. An experienced attorney can demand a Crawford hearing to fight the order.
The Person Who Requested an Order of Protection Against Me Keeps Communicating With Me. What Should I Do?
If the order of protection prohibits you from communicating with the person, you would have violated the order even if the person who requested the order initiates communication. It is best to ignore calls and other attempts at communication from that person, and to contact an experienced order of protection attorney in New York to help ensure that you are not found in contempt for violating the terms of the order.
How Long Does an Order of Protection Last?
Orders of protection are typically issued immediately upon application of the complaining witness, or upon arraignment of the defendant. These types of orders are temporary orders of protection and usually expire before the end of the case. They can be renewed. At the end of a case, the temporary order of protection may be replaced with a permanent order of protection, which usually last between 1 and 5 years.
If There Is an Order of Protection Against Me, Will I Have a Criminal Record?
An order of protection alone will not cause you to have a criminal history. An order of protection is not a conviction. However, if you violate an order of protection you may face a criminal contempt charge. If you are convicted, you will have a criminal record.
Please call 718-625-1777 for a FREE TELEPHONE CONSULTATION!
Matthew Dusenberry is a DWI, Criminal Defense and State and City Store License Defense Lawyer in Brooklyn, New York.
Harry Dusenberry has practiced Criminal Defense and DWI Law in New York City for over 40 years.
Law Office of Dusenberry & Dusenberry, 107 Smith Street, Brooklyn, NY 11201. 718-625-1777.
Web: Dusenberrylaw.com
