In New York, an order of protection and a restraining order are legal tools designed to protect individuals by restricting the actions of someone who has caused harm or posed a threat. However, the consequences of being accused of violating these orders can be severe, affecting your freedom, reputation, and future. It’s important for both those protected by the orders and those accused of violating them to understand their rights and obligations under the law.
If you are dealing with issues related to an order of protection, legal guidance is essential. Long Island order of protection lawyer Jason Bassett can provide the necessary support and representation to beat an order of protection or defend against charges of a violation. With a deep understanding of New York’s legal system and a commitment to advocating for his clients’ rights, Jason Bassett is equipped to address these situations. Contact the Law Offices of Jason Bassett, P.C. today at (631) 259-6060 to schedule a consultation.
Protective Order vs. Restraining Order
In New York, the terms “protective order” and “restraining order” are often used interchangeably, as both refer to the same legal document issued by a court, the order of protection. This document is intended to protect an individual from harm or harassment by legally restricting another person’s actions. Typically, these orders are sought by individuals who feel threatened or have been subjected to violence or stalking.
Violating an order of protection is a serious offense in New York. If someone ignores or disobeys this order, they can be held in contempt of court. This violation could lead to severe penalties, including jail time and fines, reflecting the seriousness with which New York treats the protection of its residents. The purpose of such orders is to provide immediate and ongoing safety for individuals facing real threats. The court’s intervention in these cases is crucial, as it legally enforces the distance and interaction limits between the involved parties, thereby aiming to prevent further incidents.
For those who find themselves subject to an order of protection, this clarification is essential in handling relevant legal issues effectively. Whether it involves challenging or facing allegations of a violation, it is also important to take prompt and appropriate legal action. Long Island order of protection lawyer Jason Bassett can provide guidance in every step of the process and help address such challenging situations effectively.
| Term | Description |
|---|---|
| Protective Order | A legal document issued by a court to protect individuals from harm, harassment, or threats. Violating a protective order can result in contempt of court, jail time, or fines. These orders are often used in cases of domestic violence or stalking to ensure the safety of the victim. |
| Restraining Order | Often used interchangeably with a protective order in New York; serves the same protective purpose. Violating a restraining order leads to legal penalties, including jail or fines. Restraining orders may also limit communication and physical proximity between the parties involved. |
Who Is Eligible for an Order of Protection?
Individuals who are currently married, formerly married, have a child in common, or were in an intimate or currently in an intimate relationship may seek an Order of Protection from the Family Court. If an emergency event occurs where an individual is injured or threatened and the police are called, they may inquire with the police about obtaining an Order of Protection from a criminal court.
Upon contacting the police, a domestic incidence report (DIR) will be filed based on the information provided. Depending on the situation, the offender may be arrested or a bench warrant may be issued by the criminal court. In each criminal court, an assistant District Attorney is assigned to assist in obtaining an Order of Protection.
The District Attorney’s office is responsible for determining the charges against the offender, which may require the victim’s testimony in court. Criminal charges are categorized as felonies, misdemeanors, and violations, with felonies being the most severe and violations being the least severe. The court that handles the criminal conduct is determined by the severity of the crime, with felonies being handled in the County Court and other crimes being handled in city, town, or village courts.
Full vs. Limited Order of Protection
When dealing with domestic violence charges in New York City, restraining order attorneys often come across two types of orders of protection: full and limited.
A full order of protection prohibits the respondent from having any contact with the petitioner, including phone calls, emails, letters, or third-party communication. Additionally, this order may require the respondent to find new residency if they live in the same home as the petitioner. This type of order is typically issued in cases where the petitioner has experienced severe physical or emotional harm, and there is a high risk of future harm.
On the other hand, a limited order of protection allows the charged individual to have contact with their accuser but still prohibits them from engaging in any harmful behavior such as assault, harassment, stalking, or any other prohibited actions. This type of order is usually issued in cases where there is less immediate danger, but where the petitioner still requires some level of protection. In such cases, the parties may be able to live together and attend social events, as long as there is no risk of violence or threats.
If you are facing a domestic violence charge in New York City, it is important to seek the assistance of an order of protection lawyer. At the Law Offices of Jason Bassett, P.C., attorney Jason Bassett can guide you through the process and help you understand the legal penalties that may arise from such charges.
Duration of an Order of Protection
The duration of temporary orders of protection in family law cases may differ, but they can be extended during legal proceedings and terminated once the family offense case concludes. A permanent order of protection in family law cases can persist for a maximum of two years following case resolution unless there are extenuating circumstances such as a weapon, injury, history of violence, or recurrent violations. A permanent order of protection may also be granted if the accused violates an existing protective order. In such cases, the duration of the order may be extended to up to five years by the Family Court, if aggravating circumstances are found to exist.
Fighting an Order of Protection
To challenge an order of protection, you need to go to court with proof that shows why the order is not necessary. If you can show that the person who asked for the order lied about what happened, there is a possibility that the judge might cancel the order. Getting the help of an experienced order of protection lawyer can help increase your chances of getting the order lifted.
Even if you believe that the order of protection is not necessary, it is important to remember that you must still follow its rules. You cannot make an agreement with the individual who asked for the order of protection to allow you to communicate with them.
Violations of the order may also result in contempt of court charges. Seek the help of an experienced attorney right away if you are accused of violating an order of protection or if you would like to modify or have the order dismissed.
A good lawyer can also help you gather evidence to disprove the accusations. It’s important to fight the allegations from the start, as a protection order can have a significant impact on your life once it’s finalized.
Getting the Legal Help of an Experienced Order of Protection Lawyer
If you are facing an order for protection or have been charged with contempt of court for violating one, it’s crucial to seek the assistance of a qualified New York order of protection lawyer immediately.
At the Law Offices of Jason Bassett, P.C., Long Island criminal defense lawyer Jason Bassett can provide you with valuable legal guidance and a strong defense to help you in your case. Attorney Bassett can help you understand your legal position and create a comprehensive defense strategy to ensure your interests are safeguarded. Contact us today at (631) 259-6060 to schedule a free consultation.