Violation Of Order Of Protection NY

by ECL Writer
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Order of Protection is a court-ordered document that protects individuals from abusive or harassing behavior of others. It is meant to prevent the abuser from coming near or contacting the victim in any way. However, in New York, violating an Order of Protection is a criminal offense that is taken very seriously. The law is designed to protect the victims and punish the offenders who violate the court order. In this article, Eastcoastlaws.com will discuss the Violation of Order of Protection NY, its types, consequences, and how you can protect yourself from such violations. Whether you are a victim of domestic violence or someone who has violated an Order of Protection unintentionally, this article will provide you with valuable information that will help you understand the legal implications of this offense.

Overview Of Order Of Protection New York

An order of protection, also known as a restraining order, is a legal document issued by a court to protect individuals from physical, emotional, or psychological harm from someone they have a relationship with, such as a spouse, partner, family member, or acquaintance. In New York, the order of protection is governed by the Family Court Act, Criminal Procedure Law, and Domestic Relations Law.

There are two types of orders of protection in New York: family court orders of protection and criminal court orders of protection. Family court orders of protection are obtained in cases involving family offenses, such as domestic violence, harassment, or stalking, and can be issued by the Family Court. On the other hand, criminal court orders of protection are issued in criminal cases and can be obtained by the District Attorney’s Office.

To obtain an order of protection in New York, the petitioner must file a petition in the appropriate court. The petitioner must demonstrate to the court that they have a relationship with the respondent and that they are in danger of harm from the respondent. The court will then decide whether to issue the order of protection based on the evidence presented.

An order of protection can require the respondent to stay away from the petitioner, their home, and their workplace. It may also require the respondent to refrain from communicating with the petitioner, surrender any firearms they possess, and pay child or spousal support. In some cases, the order of protection may also include provisions for custody and visitation.

Violation of an order of protection is a criminal offense in New York, and the respondent can be arrested and prosecuted for violating the order. Violation of an order of protection can result in fines, imprisonment, or both.

In New York, orders of protection are typically temporary and can last for up to two years. After the temporary order of protection expires, the petitioner may request an extension of the order of protection. The court will then decide whether to extend the order of protection based on the evidence presented.

Orders of protection in New York are an essential legal tool to protect individuals from harm. If you are in danger of harm from someone you have a relationship with, you should consider seeking an order of protection from the appropriate court. An experienced attorney can assist you with filing the necessary petition and represent you in court to ensure that your rights are protected.

Violation Of Order Of Protection NY

You could be arrested for one or more of the following charges if you violate an order of protection, as is the case with all court orders:

Criminal Contempt in the Second Degree

When you willfully disregard a court order, you are guilty of a Class A misdemeanor. If found guilty, you risked up to a year in prison and a $1,000 fine.

Criminal Contempt in the First Degree

You may be charged with this Class E felony, which has a maximum penalty of four years in prison and a fine of $5,000, if you purposefully induce (or attempt to cause) the victim to fear for his or her safety through touch, brandishing a weapon, or any other activity meant to cause alarm.

Aggravated Criminal Contempt

When you recklessly or willfully cause physical harm to the victim, a criminal contempt case is much more serious. It also applies if you are convicted of first-degree criminal contempt and have two first-degree contempt convictions or one of each within the previous five years. The maximum sentence for this Class D felony is seven years in jail and a $5,000 fine.

Many recipients are unaware that the person the Order protects does not have the power to allow the recipient to disobey it. Only the court can change or reverse an Order of Protection. This means that you could be prosecuted for criminal contempt if the person who issued the Order against you changes their mind and chooses to contact you. You must speak with a criminal defense lawyer right away if you have been accused of breaking an Order of Protection in New York. Having even a misdemeanor on your record could have a negative impact on your future, so hiring a great attorney is your best bet for preserving your good name and career chances.

Factors That Lead To A Violation Of Order Of Protection NY

There are several factors that can lead to a violation of an order of protection in New York. An order of protection is a legal document that sets specific requirements that the respondent must follow to avoid contact or harm to the petitioner. Violating the terms of an order of protection can result in criminal charges and can lead to imprisonment, fines, or both.

Here are some factors that can lead to a violation of an order of protection:

  1. Ignorance: In some cases, the respondent may not fully understand the terms of the order of protection. They may not be aware of what actions are prohibited or may not fully comprehend the consequences of violating the order.
  2. Emotional Instability: The respondent may be experiencing emotional instability, such as anger, jealousy, or depression, which can lead to a violation of the order of protection.
  3. Substance Abuse: Substance abuse can impair judgment and lead to the violation of the order of protection. The respondent may not be able to control their behavior while under the influence of drugs or alcohol.
  4. Desire for Contact: The respondent may have a strong desire to contact the petitioner, either to reconcile or to seek revenge. This desire can lead to a violation of the order of protection.
  5. Misunderstanding the Terms: The respondent may misunderstand the terms of the order of protection. They may believe that certain actions are allowed or may not understand the consequences of violating the order.
  6. Provocation: The petitioner may intentionally provoke the respondent to violate the order of protection. This can happen in cases where the petitioner wants the respondent to be arrested or to have the order of protection extended.

It is essential to understand that violating an order of protection is a serious offense, and the consequences can be severe. If you are the respondent in an order of protection case, it is crucial to seek legal counsel to understand the terms of the order and to avoid any actions that may result in a violation. If you are the petitioner and believe that the respondent has violated the order of protection, you should contact the appropriate authorities immediately.

What To Do If Someone Violates An Order Of Protection In NY

If someone violates an order of protection in New York, it is essential to take immediate action to protect yourself and ensure that the respondent is held accountable for their actions. Here are the steps you should take if someone violates an order of protection in New York:

  • Contact the Police: The first step you should take is to contact the police immediately. You should provide them with all the details of the violation, including the date, time, and location of the violation, as well as any evidence you have, such as messages or recordings.
  • Document the Violation: If possible, try to document the violation by taking photographs or videos. This can help provide evidence of the violation in court.
  • Seek Medical Attention: If you have been physically harmed or injured, seek medical attention immediately. It is important to document any injuries you have sustained as a result of the violation.
  • Contact Your Attorney: If you have an attorney representing you in the case, you should contact them immediately to inform them of the violation.
  • File a Petition for Contempt: If the respondent has violated the order of protection, you can file a petition for contempt with the court. The court will then decide whether the respondent has violated the order of protection and determine appropriate penalties.
  • Attend Court Hearings: If the case goes to court, it is essential to attend all hearings and provide evidence of the violation. The court will review the evidence and determine the appropriate penalties for the respondent.
  • Consider Extending the Order of Protection: If the respondent has violated the order of protection, you may want to consider extending the order of protection for your continued safety.

It is important to take violations of orders of protection seriously and to take immediate action to protect yourself.

How Do I File A Violation Order Of Protection In NY?

To file a violation of order of protection in New York, you should take the following steps:

  • Contact Your Local Police Department: If you believe that the respondent has violated the order of protection, you should contact your local police department immediately. You can your local police department’s 911 or by visiting the New York State Police website at https://www.troopers.ny.gov/Contact_Us/.
  • Contact Your Attorney: If you have an attorney representing you in the case, you should contact them immediately to inform them of the violation.
  • File a Petition for Contempt: You can file a petition for contempt with the court if the respondent has violated the order of protection. To file a petition for contempt, you will need to go to the court where the order of protection was issued. You can find the contact information for the court by visiting the New York State Unified Court System website at https://www.nycourts.gov/courts/.
  • Complete the Petition for Contempt Form: You will need to complete a petition for contempt form to file a petition for contempt with the court. You can download the form from the New York State Unified Court System website at https://www.nycourts.gov/forms/familycourt/petitioncontemptfamily.shtml.
  • File the Petition for Contempt with the Court: Once you have completed the petition for contempt form, you will need to file it with the court where the order of protection was issued. You can file the petition in person or by mail.
  • Attend Court Hearings: If the case goes to court, it is essential to attend all hearings and provide evidence of the violation. The court will review the evidence and determine the appropriate penalties for the respondent.

If you need assistance in filing a petition for contempt, you should seek the advice of an experienced attorney. You can find a list of attorneys in your area by visiting the New York State Bar Association website at https://nysba.org/lawyer-referral-service/ or by calling the New York State Bar Association at 1-800-342-3661.

Impact Of Violating An Order Of Protection On Child Custody And Visitation Rights

Violating an order of protection in New York can have severe consequences, including impacting child custody and visitation rights. If a parent has violated an order of protection, it may affect their ability to spend time with their child and could result in a modification of their custody and visitation rights.

When determining child custody and visitation, the court’s primary concern is the best interests of the child. The court will consider several factors, including the parent’s ability to provide a safe and stable home environment, the quality of the parent-child relationship, and the child’s preferences.

If a parent has violated an order of protection, the court may view this as evidence that the parent is not able to provide a safe and stable home environment for the child. The court may also view the violation as a danger to the child’s well-being, which could result in a modification of custody and visitation rights.

In cases where the parent who has violated the order of protection is the non-custodial parent, the court may suspend or restrict their visitation rights. This could include requiring supervised visitation, limiting the amount of time the parent can spend with the child, or prohibiting contact between the parent and child.

It is important to note that violating an order of protection does not automatically result in a modification of custody and visitation rights. The court will consider all relevant factors before making a decision. However, if a parent has violated an order of protection, it is essential to take the necessary steps to protect the child and ensure that the parent is held accountable for their actions.

If you are concerned about the impact of an order of protection on child custody and visitation, you should seek the advice of an experienced family law attorney. They can help you understand your rights and options and guide you through the legal process.

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