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New York Order of Protection Frequently Asked Questions

What is an order of protection?

An order of protection is a court order issued by a criminal, court, family court, or New York Supreme Court, to limit behavior that is deemed to be threatening to another person. An order of protection is sometimes referred to as a restraining order. Typically an order of protection is a “stay away” order, meaning that you are ordered to stay a specified distance away from another person.

Besides ordering me to stay away, what else can an order of protection do?

Each order of protection is different and is based on what the judge deems is necessary to protect the victim. In addition to order you to stay away from the victim, an order of protection can also order you to stay away from members of the victim’s family and to stay away from the victim’s pets. As an New York order of protection lawyer will explain, an order of protection can also order you to do certain things such as pay child support or follow the terms of a custody agreement.

What happens if I violate the terms of an order of protection?

If you violate the terms of an order of protection, you would have broken the law. This means that you can be arrested and face criminal charges. It does not matter if you did not physically harm to person who took out the order of protection. Breaking any term of the order is enough for you to be arrested. If you have been accused of breaking the terms of an order of protection, it is important that you contact an experienced New York order of protection lawyer to defend you.

I believe the order of protection that was taken out against me is unjustified. What should I do?

If you believe that the order of protection is not warranted, it is important that you understand that you must still abide by its terms. Furthermore, you cannot make an agreement with the person who requested the order of protection to allow you to have contact. In order to fight an order of protection, you must go to court with evidence that the order is not warranted. For example, if you can prove that the accuser lied about the incident on which the order is based, then the judge may be inclined to vacate the order. An experienced order of protection attorney serving clients in New York will help you fight to vacate the order.

The person who requested an order of protection against me keeps communicating with me. What should I do?

If the order of protection prohibits you from communicating with the person, you would have violated the order even if the person who requested the order initiates communication. It is best to ignore calls and other attempts at communication from that person, and to contact an experienced order of protection attorney in New York to help ensure that you are not found in contempt for violating the terms of the order.

How long does an order of protection last?

Orders of protection are typically issued immediately upon application of the complaining witness, or upon arraignment of the defendant. These types of orders are temporary orders of protection and usually expire before the end of the case. They can be renewed. If warranted, when the case is resolved, the temporary order of protection may be replaced with a permanent order of protection. A permanent order of protection is not really permanent. It typically is for one year, but sometimes expires after 5 years.

If there is an order of protection against me, will I have a criminal record?

An order of protection alone will not cause you to have a criminal history. An order of protection is not a conviction. However, if you violate an order of protection you may face a criminal contempt charge. If you are convicted, you will have a criminal record.

Contact the Law Offices of Stephen Bilkis & Associates for help

While in many instances orders of protection are warranted, there are many instances in which they are not. An unjustified order of protection can be disruptive and cause hardship. If you feel that an order of protection against you was unjustified, do not take matters into your own hands by violating the order. Instead contact the experienced New York order of protection attorneys at the Law Offices of Stephen Bilkis & Associates who have the knowledge and resources to help you fight the order of protection. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of grand larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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