Orders of Protection
How do Orders of Protection Work?
Orders of protection can be obtained in two different ways:
1. If the party is a family member or intimate partner they can go to Family Court and request a temporary order of protection, which will then go before a Judge to determine if it should be made permanent and extended in time.
2. The Judge can issue one to the complaining party in a criminal action. That means if someone tells the police you committed a crime against them, at the arraignment for the charge(s) the Judge will decide if they are going to issue a temporary order of protection running to the benefit of that complainant while your case is before the court. You are not eligible to request a counter order of protection for your benefit by the criminal court judge. After your case is finished the order may be vacated (canceled) or a new permanent order may be issued requiring you to abide by it for however long is required by the Court.
Orders of protection come in two main forms: No-Contact and Non-Offensive Contact. No Contact means you may not have ANY contact with the protected party. You may not go to their home or job, you may not call them, email them, message them online, or ask a third party to contact them on your behalf in any way. Non-Offensive contact orders of protection allow you to see and speak to the protected party but forbid any behavior that could be considered “offensive.” That includes behavior which are not crimes like yelling or using offensive or intimidating language, and any other behavior which would be considered a crime like harassment or assault. If someone is granted an order of protection against you, you will be instructed to turn over any firearms in your possession and may temporarily lose any firearm licenses you hold.
Violating an Order of Protection
The most important thing to know about an order of protection is that it is a legal command by a Judge, and if you are alleged to have violated one it is a crime. The offense is called Criminal Contempt – because you have failed to obey a direct court order. Criminal Contempt in the Second Degree is a Class A misdemeanor, punishable by up to a year in jail – you will be charged with this if you are alleged to have had non-offensive contact with the protected party of a No-Contact order of protection. Criminal Contempt in the First Degree is an E Felony, punishable by at least a year in jail/prison eligible – you will be charged with this if in addition to violating the order of protection you committed an another offense such as menacing, stalking, harassment, assault, property damage exceeding $250, or if you have a prior conviction for the violation of an order of protection.
If you are charged with violating an Order of Protection, call us today.
