New York Domestic Violence Order of Protections & Restraining Orders
- Criminal Contempt: Violating New York Restraining Orders & Orders of Protection
- NY Domestic Violence Arrests, Crimes & Laws
- NY Domestic Violence Arrests: Understanding the Process
- Defining “Domestic” in NY Domestic Violence Cases
- The Supporting Deposition & Corroborating Affidavit in a NY DV Case
- Prosecuting Domestic Violence Cases Without a Victim
- Prosecutorial & Subpoena Power in a Domestic Violence Case
- The Accuser Lied: Responses to False Allegations
- Starting Your Defense to a NY Domestic Violence Arrest
- Family Court Non-Criminal Orders of Protection
As noted in the second section bulleted above involving the arrest process, criminal court orders of protection are routinely full orders. That is, you, as the person arrested for an alleged Domestic Violence crime, are not permitted to have any type of contact with the complainant. To be clear, not only can you not call, email, speak to or have any type of physical contact with this person, but the order of protection will likely have a “no third party contact” clause that in substance prevents you from having contact with the complainant through a friend or family member. Simply put, having these people relay messages may violate the terms of the order of protection.
Generally, after you are arraigned the court will adjourn your case to a future date. Orders of protection are often valid to the date you are required to return to court. When you return, a new order is issued. If warranted or possible, the Domestic Violence attorney you retain may seek to limit or remove that order of protection during the period of time between your initial appearance in court and the return date. Discuss whether this is necessary or a viable option with your criminal attorney.
Remember, any contact involving a full order of protection can result in new criminal charges including felony offenses. This is true even if the complainant initiates contact with you. Protect yourself, educate yourself about orders of protection and ascertain the best way to challenge the Domestic Violence accusations. Failure to do so may leave you with not only the potential for incarceration, but also a criminal record that will never be expunged.
Call the New York criminal defense attorneys and former Manhattan domestic violence prosecutors at (212) 312-7129 or contact us online today.