If you need an Order for Protection, you have three options; the New York Criminal Court, the New York Family Court, and the Supreme Court Matrimonial division. For purposes of our discussion here, we will address Orders of Protection in Criminal Court. If a defendant is facing a charge that is considered violent or involves a threat of violence, a judge will commonly issue an Order of Protection. This order will be in effect until the next court appearance. There are two different types of orders of protection, which are discussed below. If you have been charged with a crime, including Assault, battery, endangering the welfare of a child, or Rape it is important that you seek the guidance of a qualified New York Order of Protection Lawyer from our team right away.
In a “stay away order,” a defendant is required to have no contact whatsoever with the complainant, which includes contact via third parties. The defendant will also be required to stay away from any place that the complainant frequents, such as their work, school, or home. If the defendant violates this order, the defendant will be arrested and face a charge of contempt of court charge. Purposefully violating an order by the court in this instance would be an A misdemeanor.
A “limited Order of Protection” will prevent the defendant from threatening, harassing, or intimidating a complainant. The parties are allowed to have contact however, and can communicate freely and even cohabitate provided there is no violation. If this type of order is violated, the consequences are the same as mentioned above, and charges can be brought for contempt of court.
The duration of an Order for Protection varies. A temporary Order for Protection stays in place while a criminal case is ongoing and will last until the next court appearance. At the conclusion of a case, a judge has the option to issue an Order of Protection that will remain in effect for one year, or a permanent order, which will not expire. This will depend on the degree of any future threat to the complainant.
If you are the subject of an Order for Protection, or have been charged with contempt of court for violating an order, it is imperative to your case that you secure the guidance of a qualified New York Order of Protection Lawyer right away. Contact the Law Office of Barry C. Weiss P.C. for valuable legal guidance and a strong defense. We will explain your legal position and create a comprehensive defense strategy to ensure that your interests are protected. We will provide you with a free consultation with your first appointment. Contact us today at 212.785.1300. We service New York City including Queens, Manhattan, Staten Island, Brooklyn and the Bronx. We also have locations in Westchester County, and Nassau County and Suffolk County on Long Island.