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Violation of an Order of Protection

A restraining order is referred to as an order of protection in the state of New York. An order of protection can be obtained either in family or criminal court. The purpose of an order of protection is to keep the "aggressor" from coming in contact with the alleged "victim."

A violation of an order of protection can result in heavy penalties which can range between a Class A misdemeanor to a Class D felony. Violating an order of protection can result in huge fines and even possible prison time. It is important that you stay aware and know what may happen next if you have violated an order of protection.

Attorney for Violations of an Order of Protection in NY

Have you been accused of violating an order of protection? It is imperative that you protect yourself by gaining legal representation as soon as possible. Stephanie Selloni is experienced in defending those charged with violating orders of protections in the greater Long Island area.

Attorney Stephanie Selloni at Law Office of Stephanie Selloni has years of experience of navigating the criminal justice system in New York. She practices law effectively and efficiently, always keeping her clients first and foremost. Stephanie Selloni will use her resources and willpower to obtain the best possible results for your case.

Additionally, Stephanie Selloni is a part of several respectable law associations such as the New York State Association of Criminal Defense Lawyers (NYSACDL), and the Nassau County Criminal Courts Law and Procedure Committee.

Law Office of Stephanie Selloni advocates for those accused of violating orders of protection throughout Nassau County and Suffolk County including the towns, villages and cities of Glen Cove, Central Islip, Mineola, Hempstead, and Riverhead.

Do not hesitate when it comes to your future. Call Stephanie Selloni at Law Office of Stephanie Selloni to discuss your violation today.

Overview for Violations of Orders of Protection in New York


What is an Order of Protection under New York Law?

An order of protection can be granted in family court or criminal court. Orders of operation serve to separate an alleged aggressor and an alleged victim. The nature of the restraint is reliant on the alleged abuse and the type of relationship that exists between the two parties.

Orders of protection can be issued against family, former friends, intimate partners, spouses, and others. Normally the court will give an order of protection if the aggressor threatens or harms the victim with some of the following offenses including:

If the order of operation is granted, the respondent will be required to adhere to the outlined terms that have been decided in court. The conditions of the order of operations differ based on the situation. The following are some differing actions an order of protection may require.

  • Stay a certain feet away from the petitioner;
  • Surrender any firearms;
  • Adhere to modified child custody rules;
  • Required to move out of a shared home with the petitioner;
  • Refrain from contacting the petitioner;
  • Stay away from visiting the petitioner's place of employment; and
  • Do not proceed further than a certain distance of the petitioner's child's school.

Penalties for Violating an Order of Protection

If a respondent violates the terms of an order of protection, he or she may face serious legal repercussions. The penalty for violating an order of protection is dependent on the circumstances of the breach. Repeat offenders also face heavier consequences if they violate their order or protection.

If the order is issued in family court, the respondent can be held in civil contempt for up to six months. The case can be transferred to criminal court, and then be charged accordingly.

  • Criminal Contempt of the 2nd Degree
    • If an alleged offender breaches the terms of an order of protection he or she may face a class A misdemeanor. The maximum penalties of a Class A misdemeanor include:
      • A possible fine of up to $1,000; and
      • Possible jail sentence for up to one year.

  • Criminal Contempt of the 1st Degree
    • A person is considered guilty of criminal contempt to the second degree if he or she violates an order of protection and does any of the following:
      • Places the petitioner in reasonable fear of physical or serious injury or death by displaying a deadly weapon, dangerous instrument, through means of threat or threats, or what appears to be a possible firearm.
      • Puts a petitioner in fear of physical or serious injury or death by repeatedly following him or her, or engaging in a course of conduct.
      • Places a petitioner in reasonable fear of physical or serious injury or death through communication through mechanical or electronic means. This includes anonymously, through telephone, telegraph, mail, or other forms of written communication.
      • Harasses, annoys, threatens, or alarms the petitioner by making repeat telephone calls. This includes if there is no actual conversation ensuing, or if the communication had no legitimate purpose.
      • Through physical menace, intentionally places or attempts to place the petitioner in reasonable fear of death, serious injury, or physical injury.
      • If the respondent breaches the terms of the order of operation, and was previously convicted for aggravated criminal contempt, 1st degree criminal contempt, or 2nd degree criminal contempt in the last five years.
      • If the respondent intentionally or recklessly damages the property of the petitioner and the amount exceeds $250.
    • The penalty for criminal contempt in the first degree is a Class E felony. Legal consequences for a Class E felony includes:
      • A possible fine determined by the court; and
      • A maximum of up to four years in prison.

  • Aggravated Criminal Contempt
    • The crime will be considered aggravated criminal contempt if the alleged offender breaks the conditions of an order of protection, and him or her intentionally or recklessly causes physical or serious injury to the petitioner. The crime will be considered a Class D felony. The maximum penalties for aggravated criminal contempt include:
      • A possible fine determined by the court; and
      • A maximum of up to seven years in prison.

Statute of Limitations for a Violation of an Order of Protection in New York

A criminal statute of limitations is technically a legal deadline. The statute of limitations indicates how long a prosecutor can wait to file criminal charges against an alleged offender. New York classifies it's statute of limitations by the crime's level of offense.

If a person violates an order of protection and is charged with criminal contempt of the 2nd degree, he or she will be charged with a Class A misdemeanor. Any misdemeanor in New York has a statute of limitations of two years.

However, for a violation that occurs in a conviction of criminal contempt of the 1st degree or aggravated criminal contempt will be charged with a felony. A felony, under New York law, has a statute of limitations of five years.


Additional Resources

What is an Order of Protection? – Visit the official website for the Office for the Prevention of Domestic Violence. See what is involved in an order of protection, the different kinds of orders of protection, and which New York courts issue orders of protections.

Domestic Violence Resources – Visit the official website for New York State Unified Court System. See the different resources provided by New York City's family court, answers to frequently asked questions, and where you can file an order of protection in New York.


Lawyer for Violations in Order for Protection in Suffolk County

Any violation in an order for protection can result in a criminal charge. The penalties that follow a violation in an order for protection can carry severe penalties. If you or someone you know has been accused of breaking an order of protection, it is your right to obtain legal representation.

Stephanie Selloni is a seasoned criminal defense attorney in the Long Island area. She has years of experience in handling New York's criminal courts. Formulating a sturdy defense may be the difference between incarceration and freedom. Stephanie Selloni is creative and will exhaust all possible routes to gain favorable results for your case. Get an attorney who is not only practiced, but cares about you.

Law Office of Stephanie Selloni represents those throughout Nassau County and Suffolk County including Riverhead, Mineola, Glen Cove, Long Beach, and Hempstead.

Dial 516-972-1212 to schedule a free consultation about your case with attorney Stephanie Selloni.


This article was last updated on August 30, 2018

 

 

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