NYC Order Of Protection Attorney

Skilled Trial Lawyers Helping You Understand Orders of Protection in Mineola and New York City

An order of protection can be confusing. If you’re accused of a crime that results in an order of protection being brought against you, it’s important to retain an experienced order of protection attorney in NYC who comprehends these issues. At Raiser and Kenniff, P.C., you’re assisted by a team of highly qualified criminal defense lawyers who have the skills necessary to handle complicated cases involving orders of protection. Additionally, understanding jurisdiction-specific nuances in Mineola provides significant advantages in navigating local legal systems, ensuring that clients receive the most relevant and up-to-date representation possible.

Let an experienced NYC order of protection attorney help you take the right steps. Contact us now for a free consultation by calling (888) 646-0025. We also serve Mineola.

What Does an Order of Protection Do?

An order of protection serves as a legal tool aimed at providing immediate protection to individuals who allege they are victims of harassment, stalking, or violence. This legal measure is designed to limit the alleged offender's ability to contact or approach the protected individual. 

An order of protection can entail various stipulations such as maintaining a physical distance, avoiding any form of communication, and steering clear of visiting certain locations. Importantly, these orders can vary considerably—as can their enforcement—between temporary solutions until a court appearance and permanent orders instituted as part of sentencing.

For individuals involved in such matters in Mineola or NYC, understanding local enforcement is crucial. Knowing the particularities of Nassau County's legal system can mitigate the potential for breaches, which could otherwise lead to charges of contempt that amplify the legal stakes dramatically. It is advisable to seek counsel or representation from a qualified attorney knowledgeable in the local legal landscape to fully grasp the implications and proper courses of action involved.

What is the Difference Between Temporary vs. Permanent Orders of Protection?

Temporary Orders of Protection

These are typically granted on an emergency basis, often without the accused person (the respondent) present. A temporary order is issued when the court believes immediate protection is necessary. These orders are short-term and last until the next court hearing.

Permanent Orders of Protection

Permanent orders of protection have the same properties as temporary ones with significant differences. These orders are issued at sentencing when a defendant has been found guilty. It is crucial to understand that the terms of a permanent order are typically more stringent and can drastically impact a person's daily life, including their ability to contact family members or enter certain locations. Legal guidance helps clarify these restrictions and explore possible modifications if circumstances change.

Who Can Be Issued a Protective Order in New York City?

Individuals accused of sexual assault or domestic violence may be issued orders of protection, requiring them to stay away from alleged victims. These orders are issued at arraignment, essentially telling defendants to stay away from alleged victims, their families, or any witnesses. 

If accused, you need an order of protection lawyer in Mineola who can defend you and protect your rights. The judges and prosecutors are assigned to protect the rights of the alleged victims. It’s imperative you have someone with knowledge on your side. Only qualified criminal defense attorneys can tackle these complex cases.

Orders of protection are becoming a typical line of defense in the criminal justice system. NYC courts issue temporary and permanent orders of protection in cases where there are accusations of sexual abuse and domestic violence. Compliance is not optional; violating an order of protection can lead to serious legal consequences, including arrest and additional charges. Thus, prompt legal consultation allows for an accurate assessment of your situation and the formulation of an effective defense strategy.

Temporary orders remain in place for a set period. This is usually the period that the case is pending. This means a defendant cannot engage with anyone named in the order until a trial has resulted in an acquittal or conviction, or the defendant has taken a guilty plea via plea bargain.

How to Respond to an Order Filed Against You?

If someone has filed a petition for an order of protection against you, the consequences can be immediate and serious. You may be removed from your home, restricted from seeing your children, and prohibited from owning firearms—even before any allegations are proven in court.

Steps to take immediately:

1. Do not contact the petitioner—even to explain or apologize. Any communication can be a violation.
2. Retain legal counsel quickly. A NYC orders of protection lawyer can review the accusations, prepare your defense, and represent you in court.
3. Gather evidence that supports your case—text messages, emails, witness statements, or any proof of false accusations.
4. Prepare for court. You’ll have an opportunity to contest the allegations in a hearing. Your attorney will challenge the credibility of the claims and present your side of the story.

False or exaggerated accusations are unfortunately common in heated family disputes. With strong legal advocacy, a respondent can successfully defeat an unjustified order and protect their name, freedom, and relationships.

What Happens If You Violate an Order?

Violating any condition of an order of protection is a crime under New York law. The severity of the consequences depends on the nature of the violation:

• First-time violation: Class A misdemeanor—up to 1 year in jail
• Repeat or aggravated violation: Class E felony—1 to 4 years in prison
• Violent violation (e.g., assault while under order): Class D felony—up to 7 years in prison

These penalties apply even if the protected party initiates contact or invites you to meet. It’s your responsibility to follow the court order to the letter. A seasoned NYC orders of protection attorney can petition the court for modifications if circumstances change.

Consult an Order of Protection Attorney for a Personalized Approach

If you’ve been issued an order of protection, a consultation with an experienced order of protection lawyer in New York City should be your next step. It’s not just a piece of paper. Disobeying it can lead to serious consequences. Additionally, options may exist to get it removed. You won’t know until you’ve talked with a lawyer experienced in these matters. Consulting with an attorney who understands both the broad and subtle aspects of restraint-related legalities ensures that your rights are fully represented and that you make informed decisions regarding your defense.

Call our NYC City firm at (888) 646-0025 or reach out online for help with protection orders. We also serve Mineola.