In New York, many people use the phrase “restraining order” to refer to an order of protection in domestic/family or criminal cases, but “restraining order” can also refer to a civil temporary restraining order (TRO) or injunction in other types of cases. Orders of protection can be issued by the Family Court, Criminal Courts, or the Supreme Court, and the relationship between the parties and the conditions imposed depend on the case.
At the Law Offices of Jason Bassett, P.C., Suffolk County order of protection lawyer Jason Bassett represents individuals on Long Island who are facing orders of protection or who have been accused of violating one. Whether the order was issued through the Family Court or Criminal Court, understanding what the order requires and what defenses may apply is essential to protecting your rights. It’s essential to ask important questions with a criminal defense lawyer to make an informed decision.
This guide explains how orders of protection work in New York, who is eligible to seek one, the differences between full and limited orders, the penalties for a violation, how to challenge an order of protection, and when to contact an attorney. Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to speak with Jason Bassett about your case.
How Does an Order of Protection Work in New York?
An order of protection is a court-issued document that sets conditions on one person’s behavior toward another. Under New York Family Court Act § 842, the court may set forth “reasonable conditions of behavior” to protect the person who filed the petition. These conditions can include staying away from a person’s home, workplace, or school, and refraining from any contact by phone, text, email, social media, or through third parties.
New York courts can issue orders of protection through three different courts: the Family Court, the Criminal Court, and the Supreme Court. Each court handles these orders under different circumstances. The Family Court issues orders as part of civil proceedings involving domestic or family relationships. The Criminal Court issues orders when the respondent has been charged with a crime. The Supreme Court may issue orders as part of a divorce or ongoing criminal case.
In domestic/family and criminal matters, people often use “restraining order” to mean an order of protection, but New York law also uses “restraining order” terminology in civil injunction/TRO practice. To avoid confusion, this article uses “order of protection,” which is the term used by New York courts for these cases.
Family Court Orders of Protection
A Family Court Order of Protection (OP) is a civil order. The petitioner files a family offense petition alleging that the respondent committed an offense listed under New York Family Court Act § 812. These offenses include assault, harassment, menacing, stalking, criminal mischief, strangulation, and other crimes that occur between people who share a qualifying relationship.
To qualify for a Family Court OP, the petitioner and respondent must fall into one of the following categories:
- Current or former spouses
- Persons related by blood or marriage
- Persons who share a child in common
- Persons who are in or were formerly in an intimate relationship
The Family Court cannot issue an order of protection if the parties do not share one of these relationships. In Coleman v. McKenzie, 2022 NY Slip Op 50514(U), the court dismissed a petition because the parties were acquaintances in a landlord-tenant relationship, which did not satisfy the statutory requirements of § 812.
What Is the Difference Between a Full and Limited Order of Protection?
New York courts issue two types of orders of protection: full orders and limited orders. The type of order determines what contact, if any, is permitted between the parties.
Full Order of Protection
A full order of protection prohibits all contact between the respondent and the protected person. The respondent must stay away from the petitioner’s home, workplace, school, and any other location specified in the order. No phone calls, text messages, emails, letters, social media messages, or communication through third parties is allowed. If the respondent and petitioner live together, the court may require the respondent to find alternative housing.
Full orders of protection are typically issued in cases involving serious physical harm, threats of violence, or situations where the court determines there is a high risk of continued danger. In criminal cases heard at the Suffolk County Criminal Courts Building at the Arthur M. Cromarty Court Complex, 210 Center Drive in Riverhead, a full order of protection is commonly issued as a condition of the defendant’s release or bail.
Limited Order of Protection
A limited order of protection, sometimes called a “refrain from” order, allows the respondent to maintain contact with the protected person. However, the respondent is prohibited from engaging in specific harmful behaviors such as assault, harassment, stalking, threats, or intimidation. The parties may continue to live together, communicate, and attend events, as long as no prohibited conduct occurs.
Limited orders are more common in cases where the court determines that the parties can safely maintain contact under specific conditions. This type of order is frequently issued in Family Court cases involving custody or visitation disputes.
| Feature | Full Order of Protection | Limited Order of Protection |
|---|---|---|
| Contact Permitted | No contact of any kind | Contact allowed with restrictions |
| Residence | Must live separately | May continue living together |
| Communication | No phone, text, email, social media, or third-party contact | Communication allowed if non-threatening |
| Typical Use | Severe harm, high risk of violence | Lower risk, ongoing family relationships |
| Issued By | Family Court, Criminal Court, Supreme Court | Family Court, Criminal Court, Supreme Court |
Key Takeaway: A full order of protection bars all contact and requires physical separation. A limited order allows contact but prohibits harmful behavior. Violating either type can result in criminal contempt charges under New York Penal Law.
The Law Offices of Jason Bassett, P.C. can help you understand which type of order applies in your case. Call (631) 259-6060 to schedule a consultation.
Order of Protection Attorney on Long Island – Law Offices of Jason Bassett, P.C.
Jason Bassett, Esq.
Jason Bassett, Esq., is a Suffolk County criminal defense attorney and former prosecutor with over 21 years of experience in the criminal justice system. He earned his Juris Doctor from Boston College Law School in 1999 and his Bachelor of Arts from the University of Pennsylvania in 1994. His career includes service as Special Assistant Attorney General in the New York Medicaid Fraud Control Unit, Chief Deputy Commissioner for the Town of Islip Department of Public Safety Enforcement, and Principal Assistant County Attorney for Suffolk County.
Mr. Bassett is admitted to practice in the State of New York, the United States District Court for the Eastern and Southern Districts of New York, and the United States Court of Appeals for the Second Circuit. He is a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and the Suffolk County Criminal Bar Association. Colleagues and clients note his trial experience and courtroom advocacy, and he brings a background as a former prosecutor to defending clients in Suffolk County and across Long Island.
How Long Does an Order of Protection Last in New York?
The duration of an order of protection depends on the type of order, the court that issued it, and the outcome of the case. New York law sets different time limits for temporary and permanent orders.
Temporary Orders of Protection
A temporary order of protection is issued while a case is pending. In Family Court, a temporary OP may be issued on the same day the petitioner files a family offense petition if the judge finds “good cause” to do so. This order remains in effect until the next court date and may be extended from hearing to hearing as the case progresses. Temporary orders in criminal cases are issued as a condition of the defendant’s release or bail and remain active until the case is resolved.
Permanent Orders of Protection
A permanent order of protection is issued after the conclusion of a case. Despite the name, these orders are not truly permanent. Under New York Family Court Act § 842, a permanent OP in Family Court can last up to two years. The court may extend this period to up to five years if aggravating circumstances exist.
Aggravating circumstances include:
- Physical injury to the petitioner
- Use of a dangerous instrument or weapon
- A history of repeated violations of prior orders
- Prior criminal convictions related to the petitioner
- Conduct presenting an immediate and ongoing danger
In criminal cases, the court can issue an order of protection at sentencing, and the maximum duration depends on the offense level. Under New York Criminal Procedure Law § 530.12, the maximum duration is generally up to eight years for a felony, up to five years for a class A misdemeanor, and up to two years for other offenses, with the statute measuring the period based on sentencing and/or the expiration of any term of imprisonment (as applicable).
What Are the Penalties for Violating an Order of Protection in New York?
Violating an order of protection is a criminal offense in New York, regardless of whether the original order was issued by the Family Court, the Criminal Court, or the Supreme Court. The prosecution charges violations as criminal contempt under New York Penal Law, and the severity of the charge depends on the nature of the violation and the defendant’s prior record.
Criminal Contempt in the Second Degree (Penal Law § 215.50)
This is a Class A misdemeanor. It applies when a person intentionally disobeys or resists the terms of a court-issued order of protection. A conviction can carry up to 364 days in jail, and probation for a class A misdemeanor is generally two or three years, depending on the sentence imposed. Even seemingly minor violations, such as sending a text message or making a phone call to the protected person, can result in an arrest and charges under this statute.
Criminal Contempt in the First Degree (Penal Law § 215.51)
This is a Class E felony. It applies in more serious situations, such as when the violation involves displaying a weapon, stalking, repeated harassment, physical menace, or when the defendant has a prior contempt conviction within the past five years. A conviction can carry up to four years in prison, felony probation is generally three, four, or five years, and felony fines may be up to $5,000 (or more in certain gain-based situations).
Aggravated Criminal Contempt (Penal Law § 215.52)
Aggravated Criminal Contempt applies when a person violates an order of protection and intentionally or recklessly causes physical injury or serious physical injury to the protected person. It also applies when a person has prior convictions for first-degree criminal contempt. Aggravated criminal contempt is a class D felony, which can carry up to seven years in prison.
An important point about these charges is the concept of strict liability for contact violations. Even if the protected person initiates contact with the respondent, the respondent may still face arrest and charges for responding to that contact. The protected person cannot waive the terms of the order. Only the court that issued the order can modify or terminate it.
Can You Fight an Order of Protection in New York?
You have the right to challenge an order of protection in court. However, while any challenge is pending, you must continue to follow all terms of the existing order. Ignoring the order while attempting to fight it will result in additional criminal charges.
Challenging a Temporary Order
When a temporary order of protection is issued, the respondent has the right to a hearing where both sides can present evidence. At this hearing, the petitioner must demonstrate by a “fair preponderance of the evidence” that a family offense was committed. The respondent can challenge the allegations by presenting witnesses, documentation, or other evidence that contradicts the petitioner’s claims.
Defenses Against an Order of Protection
Several defenses may apply depending on the circumstances of the case. If the petitioner fabricated the allegations, evidence such as text messages, surveillance footage, or witness testimony may help demonstrate that the claims are false. If there is no qualifying relationship between the parties under Family Court Act § 812, the Family Court may lack jurisdiction to issue the order.
Other potential defenses include showing that the alleged conduct does not constitute a family offense under the statute, that the petitioner’s account contains inconsistencies, or that the respondent’s actions were mischaracterized.
Modifying or Vacating an Order
Either party can file a motion to modify or vacate an existing order of protection. The court will schedule a hearing and consider the request based on the evidence presented. Under Family Court Act § 842, the court must provide its reasoning on the record when granting or denying a modification or extension. It is critical to understand that only the court can change the terms of an order. An informal agreement between the parties to ignore the order’s terms has no legal effect and will not protect the respondent from contempt charges.
Key Takeaway: You can challenge an order of protection by presenting evidence at a hearing, filing a motion to modify or vacate the order, or raising defenses such as false allegations or lack of a qualifying relationship. You must continue to comply with the order while any challenge is pending.
Jason Bassett has defended clients against orders of protection throughout Long Island, including cases heard at the Suffolk County Family Court at 400 Carleton Avenue in Central Islip and the Arthur M. Cromarty Court Complex in Riverhead. Call (631) 259-6060 to discuss your defense.
What Should You Do If You Receive an Order of Protection?
Receiving an order of protection can be stressful and confusing, especially if you believe the allegations are unfounded. Taking the right steps immediately can make a significant difference in the outcome of your case.
The first and most important step is to read the order carefully and understand every condition it imposes. Orders of protection vary in their specific terms, and you need to know exactly what you are and are not permitted to do. If you are unsure about any provision, contact an attorney before taking any action that could be interpreted as a violation.
Do not contact the protected person for any reason, even if they reach out to you first. As noted earlier, the protected person cannot waive the order’s terms. Responding to their call, text, or message can lead to your arrest.
Steps to Take After Receiving an Order
- Read the entire order and note all conditions, including stay-away distances and communication restrictions
- Save all communications and documentation related to the allegations
- Write down your account of events while the details are still fresh
- Do not post about the case on social media
- Contact a criminal defense attorney immediately
Begin building your defense as early as possible. Gather any evidence that supports your side, such as text messages, emails, photos, video footage, or the names and contact information of witnesses. An experienced attorney can help you organize this evidence and develop a strategy for your hearing.
Key Takeaway: Read the order carefully, avoid all contact with the protected person, preserve any evidence that supports your case, and contact an attorney immediately. Following the order’s terms while building your defense is essential.
Contact the Law Offices of Jason Bassett, P.C. today to discuss your situation. Call (631) 259-6060.
Get Help from a Suffolk County Order of Protection Attorney
Being subject to an order of protection can affect your living situation, your ability to see your children, your employment, and your reputation. Whether you are trying to fight an order, defend against a violation charge, or seek a modification, the stakes are high, and the process requires careful legal strategy.
Suffolk County order of protection attorney Jason Bassett has over 21 years of experience in the criminal justice system, including time as a prosecutor. He defends clients facing orders of protection and contempt charges throughout Suffolk County and Nassau County, including cases heard at the Suffolk County Family Court in Central Islip and the criminal courts in Riverhead. At the Law Offices of Jason Bassett, P.C., our order of protection lawyer handles every aspect of your case, from reviewing the terms of the order to representing you at hearings and trial.
Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to schedule a free consultation. The office is located at 320 Carleton Avenue, Suite 4200, Central Islip, New York, and serves clients throughout Suffolk County, Nassau County, and Long Island.