Orders of Protection
Orders of Protection are issued freely in New York and can have immediate and serious consequences even before a person is convicted of any crime. Once an Order of protectuion is issued, a person loses their constitutional right to possess firearms and may lose their home.
If you or someone you love has been impacted by an order of protection call our New York lawyers today who have experience dealing with every aspect of orders of protection in New York.
Generally speaking, in the state of New York, orders of protection require the person restrained by them to 1) stay away from: a particular person, their dwelling, or place of education, their workplace, or any other place the court requires; 2) Commit no other family offenses as listed in New York Criminal Procedure Law 530.11; 3) not scare or threaten to commit any of the listed offenses against the particular person; 4) not commit acts that increase risks to the wellbeing and security of a specific minor; 5) not violate the any further conditions in the protective order 6) not contact the particular person through a computer, apps, or on the phone; 7) the protective order may allow some other person to remove their things from the protected person’s house at a certain time; 8) to allow parents or others stipulated in separation agreements to have visitation with their children. Orders of protection are also entered into a statewide computerized database. The Criminal Procedure Law requires that the court clerk from the court that issued the order present the order to the local law enforcement agency in the area who from there must enter the order into the database. The record is maintained until the order expires or relief is granted by a court.
In addition, Family Court may issue orders of protection as well in situations involving family offense petitions, domestic violence, child abuse or neglect proceedings and custody cases.
In the case of a New York criminal defendant who has been arrested on a non-family offense an order of protection may be issued against them pursuant to New York Criminal Procedure Law 530.13. Such an order will prohibit the defendant from coming near the vicinity of the victim or particular witnesses, harassing the victim, witnesses, or their families, or killing or harming their pets. These orders may be issued only for a reasonable justification and can be brought ex parte or when only one party, the prosecutor, has a chance to communicate with the judge. Criminal, non-family orders of protection are usually filed and executed at the same time the criminal information is filed. Remarkably, criminal, non-family orders of protection can also filed when an arrest warrant is signed by a judge as well, without any opportunity for the defendant to contest the order at all. Orders of protection may also be issued at any point during a criminal proceeding.
These orders of protection are typically printed on forms and hand written by judges. The orders can be made temporarily, or they can be made for a definite period of time, but, they must have a time at which the order expires. Copies of the orders must be sent by the court clerk to each of the parties, the defense attorney, and all law enforcement personnel that need to police the affairs of the defendant.
If a defendant violates an order of protection each violation may be punished independently, and if the violation of the order is intentional and purposeful, the constitutional protection of double jeopardy will not prevent the prosecutor for charging the crime and contempt.
If you have a criminal order of protection against you or a family court order of protection, our experienced New York attorneys are familiar with the different aspects of an order of protection and its consequences. Please contact us today for a free consultation.
Victims can ask the court for an order of protection against a person who they fear will cause them harm. These orders can be issued in criminal as well as family court, either by the request of a person or by order of the court following a conviction. It is important to know that we can help handle an order of protection, especially if the person who requested the order did so for improper reasons. Sometimes it can be a spiteful ex who wants to make life painful or use the order as a tool during current proceedings. This type of use would be most common during custody or divorce cases in which one party is trying to use the order to assist their case. This is not the purpose order of protections serve, as they are meant to protect victims. If the victim is not actually a victim, or the person named in the order is the victim themselves, we can help you with having the order rescinded by the court.
Our experienced team of New York Criminal attorneys have helped those who have been wrongly served with an order of protection mitigate with the court to show that the order of protection was improper. The order would be violated if the person named in the order does not stay away from the home, business, place of employment or school of the person or persons who asked for the order. They must also not interfere with them or members of their family or household in such a way that is intimidating, harassing or threatening. The order also extends to companion animals that are kept by the person who asked for the order, meaning pets like dogs, cats, or any other domesticated animal kept for the purpose of companionship. The person named in the order is not allowed near the animals as well and would be violating the order if they intentionally kill or injure the animal without justification.
Having an order of protection can cause problems in the daily life of the person accused. This can disrupt the ability to go or be anywhere or even be around the people they normally spend time with. If a person is then charged with violating the order against them, the court can order sanctions against them and even bring a new criminal case to decide punishment for violating the order. This is especially important if the person named in the order and the person requesting it are family and live in the same residence or building or are coworkers. An order of protection would prohibit a person from entering their residence or work or even speaking with their own family depending on the circumstances.
At Tilem & Associates, we have helped our clients handled orders of protection that were brought against them by a person whose intention was not to protect themselves but to cause disruption in the life of another. We have helped our clients fight these orders by showing the court that the order was brought wrongfully.