If you’ve been accused of a violent or domestic offense, the alleged victim will likely request an order of protection against you. This court order imposes a set of conditions that must be strictly followed. Failure to adhere to the conditions of this court order will result in severe consequences. If you’re facing criminal charges for violating an order of protection in New York, it’s in your best interest to contact an experienced Rockland County Criminal Defense Attorney who can help defend your rights. Please continue reading to learn the potential ramifications of violating a New York order of protection.
What is an Order of Protection?
In New York, a restraining order is referred to as an order of protection. An order of protection can be issued in the New York criminal courts after an arrest or in the New York family court upon filing a family offense or neglect petition. This court order helps keep individuals safe from further abuse or harassment. An order of protection restrains or restricts the behavior of a criminal defendant or individual involved in a family law matter. It directs a person to refrain from committing certain acts against a protected party. Some of these acts include:
- Staying away from the protected party or staying within a certain distance
- Staying away from the protected parties at home, workplace, or school
- Communicating with the protected party by calling, emailing, or sending letters
- Communicating with the protected party through another person
- Possesing any weapons or licenses for weapons
The exact conditions of an order of protection can vary depending on the unique circumstances of a case. However, individuals who have been issued an order of protection against them must comply with the conditions of the order, or they will face severe legal consequences.
What Are the Consequences of Violating a New York Restraining Order?
It’s crucial to understand that every New York order of protection issued is an official court order, meaning any violation can result in contempt of court. If you intentionally disobey the court order, you will be charged with criminal contempt in the second degree, a class A misdemeanor punishable by a maximum of one year in jail and a $1,000 fine.
If you violate a restraining order by deliberately causing the victim to fear physical violence or physical injury, you can be charged with a more serious offense. Essentially, if you deliberately cause or attempt to cause a victim to fear for their safety through the use of a weapon or repeated harassment, you will be charged with criminal contempt in the first degree, a class E felony punishable by four years in prison and a fine of $5,000.
Nevertheless, the most serious criminal charge for violating a New York order of protection is aggravated criminal contempt. If you recklessly or intentionally cause physical injury or harm to the victim, you will be charged with aggravated criminal contempt, a class D felony punishable by seven years in prison and a fine of $5,000.
The criminal charges for violating an order of protection should not be taken lightly, as they can result in steep monetary fines and substantial jail time. If you’ve been accused of violating a restraining order, please don’t hesitate to contact The Law Office of Carl Spector.
