What Is Considered A Violation Of An Order Of Protection?
If you have a protective order against you and you make contact via text, phone call, or third party with the person the order is in favor of, there are grounds for you to be arrested for violation of a court order. If you threaten violence or if there is an incident where there is the allegation of violence, you are facing a felony charge of violating that order of protection. Simply being in the presence of the other party in a public setting could cause there to be a violation of the order of protection. It is important for the party who the order is issued against to know that they must be aware of their surroundings. Even something like speaking on the phone to the party with the Order could be grounds for violation and arrest. We often see the police act first with an arrest, then let the District Attorney’s Office sort through the facts of the case. Unfortunately, by that time the client is back in front of the judge on new charges.
Can A Divorcing Spouse Get An Order Of Protection Placed Against The Other Party Even If There Is No Physical Altercation Involved?
Yes. A divorcing spouse can go to the family court and get an order of protection in New York State. If the accusation is that a spouse is harassing, annoying or alarming the other spouse either by words or through the computer or phone then an order can be issued. The court will also issue an order if there is an accusation of Stalking in violation of the New York State Penal Law. There is actually a lower standard in family court that a temporary order will be issued upon the application of the spouse, and then the person who gets served with the order of protection has the opportunity to come into family court and have a hearing.
Will I Be Able To Contact My Children If An Order Of Protection Is Placed Against Me?
An order of protection can include children. If that’s the case, an application can be made to a Superior Court to amend the criminal court order to allow for exceptions for visitation and contact with the children.
Can I Return To My Home To Retrieve Personal Items If An Order Of Protection Is Placed Against Me?
We ask for the opportunity for our client, with a police escort, to go to the home for a specific amount of time to gather belongings.
If An Order Of Protection Is Filed Against Me, Will That Remain On My Record?
If someone were to review the entirety of your criminal case because it is public record, the order stays with your record, but it’s not a separate record. It will not be included on a simple list of convictions.
Additional Information On Orders Of Protection In New York
It is important to remember that it is a crime to violate an Order of Protection. Often times our clients do not recall the facts, circumstances, day or times of the alleged violation because the accusation is made days or even weeks later. Because of this we ask our clients to keep all receipts of purchases made and even log information as to where they were and who they met throughout the day while there is an Order in effect against them.
Another important thing to remember is that even if the party with the order wants to speak or meet with you that is not a reason to violate the Order. Even that type of contact is grounds for arrest.
For more information on Violation Of An Order Of Protection In NY, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (631) 994-7504 today.
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