New York Restraining Order Lawyer
Breakups happen to all of us, but when a particularly nasty split results in a Restraining Order (also called an Order of Protection), life is made even more difficult. Issued without advance notice by a Family Court Judge or post-arrest by a Criminal Court Judge, restraining orders can cause serious upheaval in a person’s daily life.
- Understanding Orders of Protection & Restraining Orders in New York
- Family Court Non-Criminal Orders of Protection
If the person was not properly notified about the Order of Protection, violating the terms can happen to even the most well-intentioned person. Such violations have the potential to turn into serious criminal charges, creating further legal problems for the person. When child custody or visitation is at stake, it is important to speak with an established domestic violence attorney.
- Criminal Contempt in the Second Degree: New York Penal Law 215.50
- Criminal Contempt in the First Degree: New York Penal Law 215.51
- Aggravated Criminal Contempt: New York Penal Law 215.52
New York Restraining Order lawyers can help people determine an appropriate course of action moving forward. People have the right to contest Restraining Orders in Family Court as a respondent, but without the help of an attorney, it may be an uphill battle. Having the guidance of a skilled restraining order can give someone the edge they need when fighting for their rights.Facing a Restraining Order
Restraining Orders and Orders of Protection are most frequently issued when a person is fearful of their safety. In the Family Court context, the complainant or victim, called a petitioner, will present a petition to the court for consideration. The resulting legal document granted by the courts prevents the alleged abuser from contacting or coming near the alleged victim as either a full or limited Order of Protection.
If the restraining order is violated, the alleged abuser can be criminally charged for Criminal Contempt, thrown out of their home or even face jail time. Further, in addition to an arrest for Criminal Contempt, a defendant can also be charged with the underlying crimes such as Assault, Aggravated Harassment or any other offense.What does Misuse Mean?
Restraining orders can be misused. In the midst of a messy breakup or divorce, someone trying to gain an advantage over an ex-spouse in a custody battle may fraudulently file for a restraining order. New York restraining order lawyers see this kind of behavior far too frequently, which is why they are here to help victims of fraudulent claims.
A restraining order can wreak havoc on a person’s life. If the offense involves the criminal justice system, a criminal background check is run against the person, their restraining order will show up. Even though no criminal charges have been filed against a respondent in Family Court there is this same risk.
If someone has been the recipient of an unfair restraining order, it is critical for them to fight against it and get it removed from their record.Modifying or Challenging a Restraining Order
It is possible to change or challenge a restraining order with the help of an attorney. Challenging the validity of an order of protection often requires a hearing or collaboration with the alleged victim. Before changing a protective order, though, many courts require the petitioner to agree to the modifications in Family Court. This often requires the kind of negotiation and strategy that a restraining order lawyer can provide.
A Family Court judge can grant this modification on his or her own determination. In New York Criminal Court, not only is there a judge, but a prosecutor or Assistant District Attorney to deal with in addition to a complainant.Do not fight this battle alone. Even the most patient, cool-headed among us can grow weary in a fight for the truth. By hiring a New York Restraining Order lawyer, individuals guard against unfair rulings and false accusations.Contact a New York Restraining Order Attorney
Just because an accusation has been made does not mean a person should shoulder the allegations for the rest of their life.Criminal justice system relies on the belief that a person is innocent until proven guilty. Do not let anyone violate your rights.
If you are the subject of an Order of Protection, call our team of New York restraining order lawyers today. We will take a look at your case and give you the advice you need to address claims being made against you.
Call us at (212) 312-7129 or contact us online today.