NYC
Order for Protection
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New York Order of Protection Defense Attorney
An Order of Protection offers security to any qualifying person in New York who feels threatened by someone else. While it is possible for a person to request an order, in other instances, the court might make that determination on its own while hearing a case. Whatever the reason, you might feel compelled to fight an Order of Protection if it leads to serious repercussions. A NYC order for protection defense lawyer can help you navigate this.
At the Law Offices of Robert Tsigler, you can find a New York criminal defense attorney who brings years of experience to the table. Our attorneys understand not just how protective orders work but also the types of cases an order is usually attached to, such as domestic violence and assault.
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What Is an Order of Protection?
- Child endangerment
- Domestic violence
- Sex offenses
- Assault
- Battery
Someone might also make criminal allegations against you to obtain a protective order. This generally prompts an investigation. If there is enough evidence, prosecutors might move forward with pressing charges.
The second type of order comes from the civil court system, which is most often the family court. This order might require no proof that you acted in any way that is unlawful. It might only require allegations that you committed crimes or acted in a way that made the affected person(s) feel fearful. Not everyone can qualify for this type of Order of Protection from the family court. Here are the characteristics of the people who generally do:
- Former or current intimate partner
- Former or current spouse
- Blood relatives
- The other parent(s) of your child(ren)
It is also important to note that some orders for protection can fall into both camps. How is this possible? The person might pursue a protective order from both the civil and criminal court systems. For instance, an ex-spouse might petition for a temporary order during the divorce based on allegations of domestic violence. He or she might then allege physical assault via criminal courts.
Melanie’s Law
On November 25, 2024, Melanie’s Law was signed into law, creating new expansions about the people an order of protection can protect. Previously, orders of protection would extend to minor children of the person requesting the order. These protections now extend to any household member or immediate family member, regardless of their age. It also means that the protection extends to family members who may not live with the person filing for protection.
Domestic Violence Statistics in New York City
Domestic violence is an unfortunate reality for many individuals and families. In New York City in 2023, there were 42,550 victims of domestic violence, according to the state’s Division of Criminal Justice Statistics (DCJS). For 12,294 of these individuals, the offense was a violation of a protective order.
Violations of a protective order can range from being within a certain distance of the individual’s home to assault. From 2010 to 2022, 12.4% of intimate partner violence homicides occurred while there was an active protective order in place.
In 7,731 of these protective order violation cases, or 62.88%, the victim was a female intimate partner, while there were 1,521 cases, or 12.37%, where the victim was a male intimate partner. There were also 3,052 victims who were another family member of the offender, not categorized by gender.
Violations
Violations of protective orders were not the most common reason for domestic violence offenses. Of the 42,550 victims, 16,915 were victims of third-degree assault or related offenses. This was the primary cause for domestic violence offenses reported by the DCJS, with the third-most common cause being felony assault.
In 2022, violations of protective orders were also the second-most common cause of domestic violence offenses in New York City, but were less common in the rest of the state. In the rest of New York, the primary two causes of these offenses were simple assault and aggravated assault.
Why Should I Hire an Order for Protection Defense Lawyer in New York City?
You may think that an order for protection is not a big deal, especially if you don’t want to see the individual anyway. However, a protective order has numerous consequences on your life, and you should not just let it stand. Some of these consequences include:
- Daily limitations. A protective order can prevent you from going within a certain distance of locations, such as the person’s home or workplace, severely limiting where you are able to go.
- Criminal consequences. If you violate the order once it is made, even by accident, you could face criminal charges, ranging from a misdemeanor to a felony.
- Background check. An order of protection also shows up on a background check when it is filed in criminal court. This can limit opportunities in your housing, education, employment, and licensing.
- Firearm possession. The protective order may prevent you from using or owning a firearm.
The most effective way to avoid these consequences is to work with an experienced attorney. They can help defend your rights in criminal or civil court against an order of protection. Every case is unique, and it takes a skilled attorney to review the evidence against you and the case the prosecution has to determine the right defense. It’s crucial that you protect your reputation and your future by fighting against an order of protection.
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FAQs
This might depend on the type of restraining order. When families seek an Order of Protection, it might last for a year or longer. When Orders of Protection develop as part of criminal proceedings, the court generally puts a temporary order in place, pending further investigation or trial. This temporary order generally expires just before the case closes, so the length varies based on the duration of the case.
When the Order of Protection expires, the courts might determine there is no need for a permanent one. This is especially likely if there is not enough evidence or you prove your innocence in court. If the court decides to renew the protective order, then this generally lasts for a year. There are some that last for up to five years.
No one can change or cancel an Order of Protection but a judge because it is a court order. Subsequently, if the person has a change of heart and proposes a business, personal or romantic relationship, it is best not to take the bait. New York does not hold protected parties responsible for violating Orders of Protection, only the accused. Subsequently, an official change issued by the respective court must take place, or you might face allegations of violating the restraining order.
If the person has not had a change of heart, even you can petition the court to reconsider its decision. Your New York attorney might also argue on your behalf to petition for a change. However, even if the person protected by the order is a family member, if the criminal court put it in place, the family court can neither change nor cancel it.
If you plan to go up against the criminal court system to get a restraining order removed, hiring an experienced New York criminal defense lawyer is crucial. In most cases, your lawyer will need to prove that you have been respectful of the current order or the court might be hesitant to relax or remove restrictions.
The subject(s) protected might also argue against this and further complicate matters. Even in these instances, your attorney might successfully prove to the court that you pose no risk to the person(s) protected and that requesting an Order of Protection from the criminal court arose from dishonest intentions.
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