Welcome back! Here on the blog, we like to give information to the public to help keep our community informed. Today, we're going to talk about the consequences of violating an order of protection in New York. This is a serious offense that can lead to criminal charges and personal consequences.

Why Are Orders of Protection Issued?

These orders are typically issued to protect individuals who are receiving harassment, threats, and/or abuse. Violating them is typically considered defying a court's authority and can carry severe consequences. People who are facing this situation could find themselves asking, “What happens?”

What is an Order of Protection?

These are legal directives issued by courts to prevent someone from engaging in harmful or potentially harmful acts to another. It can restrict access between people regardless of their relationship, often coming as a result of cases with domestic violence, harassment, stalking and/or abuse. 

Orders of protection implement strict and specific restrictions, including prohibiting contact, minimum distance, and/or forfeiture of firearms. Violating the agreements can lead to further legal troubles, so following them while they're in place is necessary.

Penalties for Violating Orders of Protection

Violating these is a criminal offense and can lead to harsh penalties. Charges can range from a misdemeanor (criminal contempt in the 2nd degree) to a felony (criminal contempt in the 1st degree), and if it was a violent encounter that would incur even more severe penalties. The consequences can include fines, probation, or even jail time. 

Protecting Yourself from False Allegations of Violating 

Facing allegations that you've violated an order of protection can compound the stress in a difficult time, but you can protect yourself. Document all of your interactions with the person who filed the order (communications, encounters, corroborating witnesses). You'll also want to avoid further contact, even indirectly. 

Getting in touch with an experienced defense attorney in NY will be critical. Your lawyer can review the evidence and charges against you, helping to mitigate or even dismiss the charges entirely.

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DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.