New York Order of Protection Defense
Any New York Criminal Attorney will tell you that in New York State there are only 3 places to go to get an Order of Protection (in some other states they refer to an Order of Protection as a Domestic Restraining Order). The New York Criminal Court, Supreme Court Matrimonial part and the New York Family Courts are the only courts with the authority to issue an Order of Protection.
For the purposes of the article our Criminal Defense Lawyers will focus on the Criminal Court. After a defendant is facing a Criminal charge that involves an act of violence or the threat of violence, a Criminal Court Judge will issue a temporary Order of Protection. The Criminal defendant's Criminal Lawyer will tell him/her that this Order of Protection will last until the next court date. There are 2 types of Orders of Protection. The first is a full order, which is also referred to as a "stay away order." The full order requires the Criminal defendant to have no contact with the complaining witness, which includes no contact through third parties. The defendant is also to stay away from the home, business, school or any place the complaining witness is known to frequent. If the Order is violated, the New York Police will arrest the defendant and he will face the additional Criminal charge of Contempt of Court for failing to obey a Court Order. The Police and the District Attorney can charge the defendant with Criminal Contempt of Court in the 2nd degree for knowingly violating the Court Order which is an A Misdemeanor. Depending on the severity of the violation of the Court Order, the Criminal defendant can be charged with Criminal Contempt in the 1st degree, which is an E Felony.
The Limited Order of Protection prohibits the defendants from trying to intimidate, harass or threaten the complaining witness. However, the parties can have contact, co-habitat and communicate freely as long as the there is no harassment in violation of the order of protection. Again, if this order is violated the defendant can face the aforementioned Criminal Contempt charges for Contempt of Court.
Orders of Protection can have varying duration. For example the Temporary Orders of Protection that exists during an ongoing Criminal Case last only until the next court date. The judge then determines whether the temporary Order of Protection (TOP) should be reissued at each court date. At the conclusion of a New York Criminal Case a Judge may order an Order of Protection, which expires in a year to one that is a Permanent Order of Protection and never expires. This all depends on the Criminal conviction and the potential future threat to the complaining witness. In New York the Criminal Defense Lawyer does have the right to ask for a hearing to contest the Temporary Order of Protection. Depending on the facts that surround the case, it may present itself as a benefit to the Criminal case because the defense may get the opportunity to question prosecution witnesses before the trial.
If you are the subject of an Order of Protection or are charged with Criminal contempt of Court for violating an Order of Protection in a Criminal case, it is imperative that you retain a skilled and knowledgeable New York Criminal Lawyer to defend your rights. The Criminal Lawyers at Stephen Bilkis & Associates, PLLC have handled Order of Protection cases throughout New York City and Long Island. Whether it's in NYC, including Brooklyn, The Bronx, Staten Island, Queens or Manhattan or Long Island which includes Nassau County and Suffolk County. Each New York Criminal Lawyer at Stephen Bilkis & Associates, PLLC stands ready to help you. We offer a free consultation. Take advantage of our legal counsel and call us at 800.696.9529 or contact us online. When it matters call Stephen Bilkis & Associates, PLLC.