Order of Protection
New York Order of Protection Defense Attorney
Facing an Arrest? Call the Law Offices of Robert Tsigler, PLLC.
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 in your personal and professional life.
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.
What Is an Order of Protection?
Most people consider this to be about the same as a restraining order, but the provisions do vary on a state level. In some states, a protective order prohibits virtually all forms of contact with the person(s) and those in their close circles. In New York, an Order of Protection operates a little differently. While it certainly can restrict all contact, more specifically, it determines what kind of relationship the subjects of the order can legally maintain going forward. Generally, a “stay away” order is more prohibitive than a “refrain from” order.
For instance, an Order of Protection might make it unlawful for you to visit the person’s home or place of work but still allows you to communicate electronically to arrange visitations with a child or even conduct business. Note that the court might issue an even more restrictive order if it determines that you have used the allowances of the existing order to act in an offensive way toward the protected subject(s) or committed crimes against the person(s), such as assault.
There are many states that respect and enforce the protective orders of other states. Should you visit or move to the state that your ex has registered the protective order, for example, this could create problems for you.
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:
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.
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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.
At the Law Offices of Robert Tsigler, our defense team believes that everyone deserves a fair trial and a second chance. We are also committed to protecting your reputation and proving your innocence. For details on what we can do to assist with your specific case, give us a call at 718-878-3781.