An order of protection, issued by the court, restrains an individual from engaging in specific acts.

If you receive one, there are certain rules that you have to abide by so that it doesn’t aggravate your case. You will also need a competent criminal defense lawyer by your side.

As a former prosecutor of Long Island, I have a unique background and insight into the intricacies of such orders of protection and other mandates of the court.

The Orders of Protection

There are two types of Orders of Protection in New York: “Stay Away” and “Refrain From” also known as a “Do not harass

  1. The Stay Away Order of Protection restricts you from having any kind of contact with the victim or protected party, whether directly or indirectly. This includes:
  • Physical contact
  • Phone calls
  • Emails and letters
  • Passing messages through other people
  • Sending presents
  • Visiting the other person’s home, business, school, and place of employment
  • No third party contact towards the protected party
  1. The Refrain from Order of Protection, also known as “Do Not Harass,” allows you and the other person to live together. You are, however, prohibited from threatening, harassing, or intimidating the latter.

Criminal Contempt

Note that since the court issued the order, only a judge can remove or vacate the order. Even if the petitioning party allows you to communicate or be in the same room with him or her, you will still be subject to arrest and criminal charges for contempt with the order of protection in effect.

Criminal contempt is classified into three degrees under New York Penal Law: first degree, second degree, and aggravated criminal contempt. Depending on the degree charged, criminal contempt can be a misdemeanor (second degree) or a felony (first degree and aggravated).

As the defendant, here are key rules to keep in mind:

  • The Court may issue an order to protect all parties involved in the case. This doesn’t immediately mean that you are guilty of anything.
  • As the recipient of the order, you are the only accountable person in case a violation occurs.
  • If you don’t follow the conditions, there will be consequences, such as fines and jail time.

The nature of the contempt and previous conviction for a violation of an order of protection, if any, will determine jail time, which can range from a day up to six months. Fines can be as low as $50 and as high as several thousands of dollars.

Avoid spending time in jail and paying hefty fines by getting a knowledgeable attorney to represent your case. Contact Olivier E. Roche, Esq. today.

I offer a 15-minute consultation, free of charge.