NY Protection Order Violation Attorney

Being charged with breaking a protection order can be a distressing experience. The anxiety of potential consequences, the complexity of the legal system, and the fear of tarnishing your reputation can feel overwhelming. 

Some people aren’t aware they are violating a restriction order due to the specific requirements determined for each case. Yet, they may still face potential consequences that can substantially impact their future.

As a leading NY protection order violation attorney, Mehdi Essmidi leverages his extensive experience as a former prosecutor to provide aggressive defense strategies tailored to your unique situation. Don’t let these charges dictate your future. Contact us for a free consultation.

Understanding New York Orders of Protection

New York orders of protection, or restraining orders, are legal tools mandated by criminal or family courts. They limit contact with alleged victims and are often issued in situations involving former spouses or family members. They are also common in heated child custody disputes. 

These orders generally require the person named to maintain a certain distance from the person seeking the protection order. In specific cases, restraining orders can also include provisions prohibiting an individual from possessing firearms or consuming alcohol and drugs. 

Limited Orders of Protection

Limited protection orders are issued during ongoing legal proceedings and serve as a protective measure until a final decision is made. Limited orders allow normal contact but prohibit the respondent from harassing or threatening the protected person in any way. 

Violating a limited order of protection can lead to an arrest and criminal contempt charges. Hiring a New York criminal defense lawyer is highly recommended if you are dealing with such charges. 

Full Orders of Protection

Full orders of protection are issued after a final decision in a case and can last for a specified period of up to two years. These orders impose certain conditions on the respondent, such as:

• Staying away from the protected person’s home or workplace
• Refraining from contacting the protected person
• Refraining from sending emails, text messages, and phone calls
• Surrendering any firearms or weapons
• Attending counseling or anger management programs

Consequences of Violating an Order of Protection

Violating an order of protection in New York can result in criminal contempt charges. Penalties depend on the nature of the violation, previous violations, and the level of harm caused to the protected person. In the most severe cases, charges can be classified as a felony offense, with years of imprisonment.

Criminal Contempt Charges 

Criminal contempt charges can be classified as second-degree, first-degree, or aggravated:

215.50 Second-degree criminal contempt: A person commits a class A misdemeanor when they willfully violate a court order. Under New York law, intentional disobedience or resistance to a court’s lawful process or other mandates carries potential jail time, fines, and up to three years of probation. 

240.25 First-degree criminal contempt: A person commits a class E felony if they consistently follow another person around public places, and this behavior makes the person being followed genuinely afraid for their safety. In simpler terms, making someone worry about being hurt due to stalking or harassment is a serious crime. Conviction can result in up to four years in prison. 

215.52 Aggravated criminal contempt: A person commits a class D felony when they disobey a court-ordered protection rule and, in doing so, cause physical harm to the person the order was meant to protect. Conviction could result in up to seven years in prison and up to $5,000 in fines. 

Additionally, a prior contempt conviction can result in more severe charges and penalties for subsequent violations. If the defendant has been previously convicted and then violates a new order of protection, seeking a criminal defense attorney is paramount. 

Possible Defenses Against Violation of Protection Order Charges

While facing charges for violating an order of protection can be difficult, potential defenses might apply to your case, such as lack of knowledge of the order, unintentional violation, or false accusations.

If it can be proved that you were unaware of the order’s terms and conditions, a ‘lack of knowledge’ defense may prove effective in your case. Additionally, if the allegations of violation are proven false, and the accuser has made accusations deliberately, this may serve as a viable defense against the charges.

Given the difficulty in proving an unintentional violation or false accusation, it is crucial that you work with an experienced New York criminal defense attorney.  

Contact Us for a Free Consultation

Navigating New York protection order violations and their consequences can be overwhelming. This is where the experience of a seasoned attorney can give your case an edge. If you’re facing charges for violating an order of protection, contact the Law Offices of Mehdi Essmidi P.L.L.C. for a free consultation.