What are the different types of order of protection?

New York offers two types of order of protection. Even though the circumstances that warrant protective orders can vary between the three bodies, a protective oratory is still subject to the same level of protection and liability if it is broken by any of them. Both the defendant and plaintiff must avoid contact through third parties or directly under a Full Order of Protection. A stay-away or protection order can be issued in any New York State jurisdiction and is used to stop the defendant from entering the protected person's residence, school, workplace, or place of employment. A full order can also prevent the defendant from contacting protective parties via electronic mail or other means. The second is known as a limited order of protection.

What happens when you violate an order of protection?

Violations of an order for protection could lead to criminal charges. Criminal contempt charges can land individuals up to seven years imprisonment for violating an order of protection. Full protection orders can be violated by the defendant's physical presence in the household of the protected individual. The penalties for Criminal Contempt for Violation of Protection Orders can vary from Criminal Contempt of the Second Degree (Class B Misdemeanor) to Criminal Contempt of the First Degree (Class F Felony). If the defendant refuses to leave the property or continues communication with the protected person, additional charges may be brought against him.

How long does an order of protection last in NY?

Temporary orders for protection in New York usually last until the next court hearing. If the court deems it necessary, additional extensions can be granted. A final order by the criminal court of protection can be extended for up to eight years, depending on the aggravating factors. These include the particular circumstances and the crime committed. After a trial or plea, a final order of protection can be issued.

How can a New York order of protection attorney help?

It is crucial to seek the advice of a lawyer who has the legal experience and knowledge necessary to help you if a restraining or protective order has been issued against you. A NY criminal court issued your protective order. You should seek counsel from a criminal defense attorney with experience in similar cases. An attorney can help you make informed decisions and guide you through the restrictions and limitations of your rights while the protective order remains in place. You should consult your attorney about the legal consequences of violating the order of protection.

How do I fight an order of protection in NY?

You must present evidence to support an order of protection in court if you want to challenge it. If you can show that the accused lied about the event, the judge might be inclined to cancel the protection order.

How much is a restraining order in NYC?

This service is free of charge. The protection orders must be received at least 24 hours prior to the court date. Monday through Friday, the Offices of the NYC Sheriff will be open from 8:30 AM to 4:30 pm. You can mail your request or visit the NYC Sheriff's Office located in the borough in which the Order will be served.

Are restraining orders public record in NY?

A Family Court Order of Protection will not be found on a criminal background search, as Family Court cases are not criminal cases. An Order of Protection in connection with a crime is a public record and can be found in a criminal background search.

Where can I get an order of protection in NYC?

To make the request, you should visit the precinct in which the respondent resides. You can also request that any person over 18 years of age, including family members or friends, serve the order. However, this must not be a party to it.

How long do you go to jail for violating an order of protection?

A Class A misdemeanor is when an order of protection, no-contract order, is violated. This can lead to up to 11 months imprisonment and 29 days in prison, as well as a $100-$2,500 fine.

How can I contact Lebedin Kofman LLP?

If you need the help of a New York criminal defense lawyer, you can call us at (646) 663-4430. You can also send us an email at info@lebedinkofman.com. Another way to contact us is by filling up the contact form on our website at https://www.lebedinkofman.com/contact-us/

New York Order of Protection Lawyers

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New York Order of Protection Lawyers

New York Order of Protection Lawyer | Lebedin Kofman LLP | NY Order of Protection Lawyers

Orders of Protection are directives meant to provide security to persons deemed by the court as being under threat. Filing a criminal case is not required to be able to petition the court for an order of protection however, the court can issue an order of protection even without being requested to by the person who is deemed to be under threat.

Orders of protection can be a helpful way of securing the welfare of individuals who are being threatened but the issuance of a protective order can also have a long-standing effect on the life of the person it is filed against. At Lebedin Kofman LLP, our team of skilled New York Order of Protection lawyers may be able to assist you in fighting against an order of protection and defending your rights. If your order of protection was issued by a criminal court, we may be able to assist in lifting the restraining order and getting your domestic violence charges dismissed. Our New York City criminal defense attorneys leverage years of experience and knowledge of the law to provide quality assistance to New York residents in need of quality legal assistance.

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Experienced New York City Criminal Defense Attorneys Discuss The Law Regarding Orders of Protection

In New York, an order of protection – also called a restraining order – can be issued to require a defendant to stay away from a person, often because the court has deemed the defendant as a danger to the protected person.

New York state allows criminal and family courts to issue orders of protection. This article focuses on restraining orders issued by the New York Criminal Court. The criminal court issues protective orders on account of criminal charges that involve violent acts or the threat to commit violent acts.

While a family court can issue protective orders in response to a petition, in criminal court the following steps must be followed before an order can be issued:

A person must first be arrested under probable cause
The person of interest must be charged by a prosecutor or the District Attorney’s Office
Depending on the circumstances of the case, a judge will determine whether an order of protection must be issued to protect the welfare of other stakeholders in the case

It is important to note that orders of protection can show up on background checks depending on the reason why the order was imposed and the nature of the background check. Protective orders issued by a criminal court can show up on a background check and will be part of the public record.

In criminal court, a petitioner can seek an order even without an ongoing or current criminal case. Even if the criminal act that requires the order of protection to be issued happened in the past, a petitioner can file for a protective order. However, the chances of the order being granted are higher the sooner the petition is filed.

Protective orders issued by the criminal court often follow emergency events wherein a person is threatened or injured. After such an incident, the person who was threatened or injured can come to the police to see if they are eligible for an order of protection. Information provided to law enforcement will be included in a Domestic Incident Report. A judge can issue a bench warrant or a warrant of arrest can be made to put the alleged offender in custody if they deem the threat to be substantial to issue a protective order.

If the protected person and the defendant share a residence, the defendant may be allowed to remove their personal belongings from the shared residence within a specific period of time. If there is an existing visitation order or a separation agreement, it may also be possible for parents to visit with their children.

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Different Types of Orders of Protection

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Orders or protection can be issued in New York by three judicial bodies and can differ with regard to the intent of the order and the relationship of the people it protects and protects against:

New York Family Court – issues protective orders against domestic abuse and violence. Usually issued to protect people from intimate partners or family members
New York Criminal Court – issues protective orders on a case-by-case basis. The relationship of the individuals involved can be limited by their involvement in a specific case. A restraining order can be issued against an individual that presents a significant threat of harm to another person or makes them feel fearful for their well-being.
The Supreme Court of New York – Can issue orders of protection both to cases in the family and criminal courts.

Orders of protection from the family court or civil court are often issued following a domestic disturbance or charges such as the following: domestic violence, assault and battery, sex crimes, and child endangerment. In cases such as these where the complainant and the defendant may share a home, the defendant may be required to find another place of residence while the case is ongoing. Orders of protection may be issued by the family court if the alleged abuser has a domestic or intimate relationship with the complainant. If the alleged abuser has a current or former intimate relationship with the complainant, is the complainant’s current or former spouse or spouse, or shares a familial relationship with the complainant, the chances of a protective order being issued are increased.

For protective orders issued in criminal court, a protective order can be issued after an investigation provides enough evidence that there is a threat to the well-being of persons involved in the case. If the court determines that there is a danger of the defendant interfering or intimidating witnesses to avoid a conviction, an order of protection may be issued. Unlike protective orders issued by a family court, there is no need for the complainant and the defendant to have a personal relationship to be able to issue a protective order. An Assistant District Attorney can request a criminal court order of protection against the defendant.

The Supreme Court can issue orders of protection in a divorce case or a criminal proceeding. For criminal cases, the petition can be made by an attorney on the complainant’s behalf through a written or oral request.

There are two types of orders of protection in New York. While the circumstances in which protective orders may vary across the three bodies, a protective order holds the same degree of protection and liability when violated across the three judicial bodies.

Full Order of Protection - “Stay Away” Order

Under a Full Order of Protection, both parties must not contact one another directly or through third parties. A stay-away order is valid in any jurisdiction in the State of New York and can be used to keep the defendant from getting near the residence, school, business, or places of employment of the protected person.

A full order of protection can also prohibit the defendant from contacting the protective party via mail or other electronic means.

Limited Order of Protection - “Refrain From” Order

Limited Orders of Protection serve to prevent defendants from making contact with witnesses to harass, intimidate, or menace, whether to impact the outcome of a case or otherwise. With a limited order of protection, the defendant and the recipient of the protective order may cohabitate and communicate as long as there is no threat to the welfare of the protected person.

The limitations of protective orders can vary depending on the case and the criminal charges involved. While a limited order of protection may initially be issued, the court can include more restrictions if the defendant abuses the allowances they are given to contact the protected person or if the defendant commits an act of violence towards the protected person.

A judge will be the one who ultimately decides on the length and terms of a protective order. Temporary orders of protection may require service before it goes into effect. Service means the formal delivery of legal documents to the respondent in a case. For orders of protection, service is typically done to inform the defendant of the terms and conditions of the order of protection.

The complainant may not serve their own order of protection. Service can only be done by the following individuals:

The judge issuing the order of protection in court if the defendant is in the audience
A New York Sheriff or Deputy
A police officer of the NYPD from the precinct where the defendant resides
A family member or a friend above 18 years old as long as the person is not directly involved in the case. In this scenario, an Affidavit of Service needs to be completed, notarized, and filed with the court as soon as the order of protection has been served.

As soon as you are served an order of protection as a defendant in a case, it is essential to retain the help of a skilled New York order of protection attorney. An attorney can help you understand the law and provide you with experienced counsel. Having an order of protection filed against you is a serious matter. At Lebedin Kofman, LLP., we may be able to assist you by building a strong legal defense in support of lifting the protection order and achieving the best possible outcome in your case.

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Violation of the Order of Protection

Violating an order of protection can incur criminal charges. Individuals who violate an order of protection can face up to 7 years in jail if they are charged with criminal contempt.

For full protection orders, even the physical presence of the defendant in the household of the protected person can be a cause of the violation. Penalties for the crime of Criminal Contempt for the Violation of a Protection Order can range from Criminal Contempt in the Second Degree (Class A Misdemeanor) to Criminal Contempt in the First Degree (Class E Felony). Additional charges can follow if the defendant insists on being on the property or continuing communication with the protected person while prohibited to.

While it would be ill-advised, protected persons cannot legally violate an order of protection. However, for those who have a protective order against them, it is advisable to contact a skilled New York order of protection lawyer who can help you understand your rights and responsibilities.

Especially in cases wherein a full order of protection is in place, if the person who has an order or protection against you chooses to contact you for any reason, you should notify your attorney immediately. Responding to any form of communication may result in legal consequences. Contact Lebedin Kofman, LLP today to schedule a consultation with one of our skilled attorneys.

How Long Does An Order of Protection Last?

Temporary orders of protection in New York typically last until the next court date for the case. Additional extensions may be granted if the court determines that there is a need. A final order of protection issued by the criminal court can last up to 8 years depending on aggravating factors such as the specific circumstances of the case, especially the crime that was committed. A final order of protection is issued following a conviction, either by plea or after a trial has been conducted.

Once a restraining order is in place, only a judge can lift it. Temporary orders of protection issued for an ongoing case can be lifted immediately if the charges are dismissed.

A judge can also deem the issuance of a protective order to be necessary depending on the circumstances upon a conclusion of a criminal case. An order of protection issued at this time can range from one that expires a year after issuance or one that is permanent. The duration of time the order can last depends on the threat the defendant presents to the witness and the conviction.

It is important to keep in mind that orders of protection cannot be lifted just because the protected person has had a change of mind. Even if the protected person contacts the defendant asking to resume contact and states that they will petition the court to lift the restriction, it is still prudent to wait until the legal processes involved have been completed before making contact. People under the protection of a protective order cannot be held legally liable for violating the terms of an order of protection.

A skilled attorney can petition the court to lift or change the terms of a protection order on the defendant’s behalf. However, it is important to make sure that you are aware of which court issued the protection order. Only a criminal court can lift an order of protection issued by the criminal court and it has no jurisdiction over directives issued by a family court.

Orders of protection issued outside of New York can be enforced in the state as long as it follows federal law. It is important to also remember that a petition for modification or dismissal of an order of protection will only be entertained in the state that imposed the order in the first place.

To learn more about how out-of-state protection orders work, how to file a petition to dismiss an order of protection, or to learn more about how to protect yourself from potential issues involving orders of protection, contact an experienced New York order of protection attorney today. At Lebedin Kofman, LLP., our team of competent attorneys may be able to assist you in dealing with your order of protection and inform you of your options on how to fight against the order.

Call us today at 646-663-4430 to schedule a free consultation.

How A New York Order of Protection Attorney Can Help

If a restraining order has been issued against you, getting the help of a lawyer with the necessary legal experience and knowledge of the laws involved is important. If your protective order was issued by a NY criminal court, the counsel you get should come from a competent criminal defense attorney who is familiar with handling similar cases.

A lawyer can help you make informed decisions about your case and walk you through what you can and cannot do while the protective order is in effect. Your attorney should also be able to advise you about the legal repercussions of not abiding by the order of protection.

If you have been charged with Criminal Contempt for the Violation of a Protection Order, an attorney can assist in defending your rights against your charges and represent your best interests in court.

Working With A Skilled New York Order of Protection Attorney From Lebedin Kofman LLP

Having an order of protection issued against you can severely limit your ability to conduct your daily activities if the protected person is a significant part of your life. An order of protection issued by the criminal court shows up in background checks and can affect your job opportunities, housing options, and even custody cases.

At Lebedin Kofman LLP, our team of top-rated New York Order of Protection Attorneys provides tailored legal representation and assistance that takes our clients’ best interests as a priority. You don’t have to face your charges alone. Contact our office to schedule a free consultation with one of our NY restraining order attorneys.

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