Table of Contents
Key Takeaways
- Restraining orders in New York can take several forms, including temporary and final orders of protection. Understanding the types of restraining orders that may apply to your case is essential before your court hearing.
- The judge controls all changes or dismissals to an order of protection. Even if law enforcement or the petitioner requests a modification, the order remains in effect until the hearing date or a formal court decision.
- A restraining order can affect related family law issues, such as child custody, visitation, or support. The family court may address these issues in the same case, or they may be handled in a separate but related proceeding.
- Working with an experienced attorney helps you prepare evidence, meet court deadlines, and present your defense clearly and confidently during your hearing.
- At The Law Offices of Scott Gross, P.C., we guide clients through every stage of the process, from responding to an order to appearing in court, to protect their rights and minimize the impact on their daily lives.
Being served with an order of protection can affect nearly every part of your life. It may limit where you can go and who you can see and even disrupt your job or family relationships. Many people feel anxious and uncertain, especially if the allegations are untrue. Acting quickly is critical, as ignoring the order or missing a court deadline can lead to lasting restrictions, fines, or new criminal charges.
At The Law Offices of Scott Gross, P.C., we defend individuals facing restraining orders, criminal charges, and related domestic violence accusations. We help our clients understand their rights, follow court requirements, and develop a strong defense strategy. By speaking with us early in the process, you give yourself the best opportunity to tell your side of the story and protect your future in court.
What Is an Order of Protection in New York?
Under New York Family Court Act § 842, an order of protection, sometimes called a restraining order, is a court directive that prohibits harassment, threats, or acts of abuse. It can also require the respondent to stay away from the petitioner’s home, workplace, or family members. In some cases, it may include no-contact provisions that restrict calls, texts, emails, or social media communication.
Orders of protection may be issued by criminal court, family court, or the Supreme Court in divorce or custody cases. The type of court depends on the relationship between the parties and the nature of the allegations. Being named in an order of protection does not mean you are guilty of a crime, but violating its terms can have serious legal consequences. Under New York Penal Law § 215.50(3), violating an order of protection can lead to criminal contempt charges if the court finds the violation was intentional. Even if the protected person initiates contact, you can still be arrested, and the court will review whether the contact showed intentional disobedience of the order.
At The Law Offices of Scott Gross, P.C., we help clients understand what these orders mean, how they affect daily life, and what steps to take to avoid additional penalties. Our goal is to protect your rights and guide you through the process with clarity and confidence.
Temporary vs. Final Orders of Protection: What They Mean for Your Case
New York recognizes two main types of orders of protection, depending on the stage of the case and the court involved.
Temporary Order of Protection (TOP)
A temporary order of protection may be issued soon after an arrest or complaint and remains in effect until the next court date or case resolution. Judges often grant these orders without the respondent present, based on the petitioner’s sworn statement or other supporting evidence.
Final Order of Protection
A final order of protection is issued after a hearing, trial, or conviction. These orders usually last up to two years, but they can be extended for up to five years if the court finds serious or repeated misconduct. They may include conditions such as no contact, limited visitation, or specific distance restrictions.
Orders of protection can also arise during divorce or custody proceedings in Supreme Court. Regardless of which court issues the order, any violation may lead to criminal contempt charges under New York Penal Law.
At The Law Offices of Scott Gross, P.C., we help clients understand the scope of each type of order and the potential impact on their personal and legal situation. Our goal is to develop a defense strategy that protects both your rights and your reputation.
Who Has the Power to Change or End an Order of Protection in New York?
Only a judge has the authority to change, extend, or end an order of protection. The petitioner, police, or alleged victim cannot modify it on their own, even if they ask to withdraw it. Any change must be requested through a formal court motion and approved by the judge.
Until the court issues a modification or dismissal, the respondent must follow every condition of the order. Ignoring those terms, even if contact is encouraged by the protected party, can lead to criminal contempt charges.
At The Law Offices of Scott Gross, P.C., we help clients file motions to vacate or amend orders and make sure the court fully hears their side. Our priority is to protect your rights while guiding you through each step of the legal process with accuracy and care.
What Are My Rights if I Am Served with a Restraining Order?
If you are served with a restraining order, you still have important legal rights that protect your ability to respond fairly in court. These include:
- The right to review the order in full and understand all restrictions it imposes.
- The right to be represented by an attorney of your choice or by legal aid if eligible.
- The right to present evidence and witness testimony that supports your defense.
- The right to request that the court modify or dismiss the order if appropriate.
It’s critical to follow every term of the order while exercising these rights. Even minor or accidental violations can lead to new criminal charges.
At our law firm, we help clients navigate these complex requirements and safeguard their rights from the moment they are served. Our attorneys work closely with clients to prepare for hearings, organize documentation, and take proactive steps to protect their freedom and reputation.
How We Help You Challenge a Restraining Order in Court
You have the right to challenge a restraining order in court by presenting evidence that disputes the claims made against you. The process typically involves:
- Appearing at all scheduled hearings.
- Working with a criminal defense attorney who can represent your interests.
- Gathering documentation, witness statements, or digital evidence that supports your defense.
- Filing motions or responses that question the validity or necessity of the order.
Acting quickly is critical. If you miss a hearing or fail to respond, a temporary order can become final by default.
When a Restraining Order May Be Dismissed
In some cases, the court may dismiss a restraining order if the evidence does not support the petitioner’s claims. Dismissal can occur because of insufficient proof, conflicting testimony, or procedural mistakes made during the filing process. When an order is dismissed, the restrictions are lifted, but any past violations remain part of the record.
Our legal team reviews every detail of your case to identify weaknesses in the petitioner’s evidence and procedural errors that could support dismissal. We work toward the outcome that best protects your rights and your future.
Building a Strong Defense: What Evidence Helps Contest a Restraining Order
Building a strong defense often depends on the quality and organization of your evidence. To challenge the petitioner’s claims effectively, it’s important to present reliable proof that supports your version of events. This may include:
- Text messages, emails, or social media communications that show context or contradict the petitioner’s claims.
- Police reports or witness statements that highlight inconsistencies or lack of complaints.
- Photos, videos, or other documentation that establish where you were at the time of the alleged incident.
- Medical records or phone logs that support your account or show alternative explanations.
All evidence must be presented properly during your hearing to be considered by the court. Our legal team helps clients collect, organize, and submit evidence in a way that strengthens their defense and upholds procedural accuracy. We also prepare witnesses and ensure the court hears your side clearly and confidently.
Understanding the Risks of Violating a Restraining Order
Violating a restraining order, even while trying to contest it, can have serious legal consequences. Courts treat all violations as potential contempt of court, which may result in fines, probation, or jail time.
Even seemingly minor contact, such as replying to a text message or attending an event where the petitioner is present, can be viewed as a violation. It does not matter who initiated the contact.
Our legal team advises clients to avoid any direct or indirect communication with the protected party until the court modifies or lifts the order. We handle all necessary communication through proper legal channels and make sure your defense is not compromised by misunderstanding or accidental contact.
How Our Legal Team Defends You in Protective Order Cases
A defense attorney plays an important role in protecting your rights during restraining order proceedings. Our team provides comprehensive legal support by:
- Reviewing the court order and explaining how it affects your daily life.
- Developing a defense strategy based on the facts and available evidence.
- Filing motions to modify or dismiss the order when appropriate.
- Representing you in all hearings and communicating directly with the court.
- Managing related criminal or family law issues that may arise during your case.
At The Law Offices of Scott Gross, P.C., we take a strategic and proactive approach to every case. We work to minimize restrictions, protect your record, and defend your rights both inside and outside the courtroom.
Why Clients Choose Our Law Firm for Restraining Order Defense
At The Law Offices of Scott Gross, P.C., we are committed to protecting our clients’ constitutional rights and promoting fairness at every stage of the legal process. Our legal team approaches each case with professionalism, discretion, and respect for what is at stake.
Attorney Scott Gross has extensive experience handling criminal defense, family law, and protective order cases across Nassau County and surrounding areas. We take the time to understand your situation, explain your options clearly, and build a defense tailored to your goals.
Our firm focuses on clear communication and reliable legal representation. When you work with us, you have a legal team that is responsive, prepared, and fully dedicated to achieving the best possible outcome for your case.
Our Client Testimonials
“Scott is a great attorney and really puts clients first . I highly recommend him!” — Anthony P.
“Hire this man asap, no need to wait. From legal advice to Court house appearances. Scott Gross is the attorney to call. He’ll take your call, formulate a strategy and execute without failure. Best attorney I’ve ever hired.” — Dionamous W.
“Totally would recommend Scott Gross and services, very experienced, dedicated to his clients and work, definitely will fight for his client And worth every penny.” — Gorge F.
Frequently Asked Questions
What Should I Do Immediately After Being Served?
Read the order carefully and follow every restriction. Do not contact the petitioner directly. Note your court date and begin gathering any documentation that supports your defense. Contact a criminal defense lawyer right away for guidance on your next steps.
Can a Restraining Order Affect My Criminal Case or Future Charges?
Yes. Violating a protective order can lead to additional contempt charges and may influence bail or sentencing in related criminal cases. It’s important to stay compliant while your attorney handles the legal response.
What Should I Do if the Order Was Based on False Accusations or Allegations?
Stay calm and contact a defense attorney immediately. Submitting false information to the court is a serious offense, but you must handle it through legal channels. Our firm helps clients gather evidence, organize witness statements, and present a clear defense that challenges false or exaggerated claims during a restraining order case.
Is It Beneficial to Have a Lawyer for a Temporary Restraining Order?
Yes. Temporary orders are often issued quickly and without your presence in court. Having an attorney helps you respond correctly, prepare for the hearing, and seek to limit the order’s scope or duration.
Charged With Violating a Restraining Order? Protect Your Rights Now.
Violating a restraining order can have serious and immediate consequences. If you have been accused of disobeying a protective order or facing related criminal charges, you need a defense strategy in place before your next court date.
At The Law Offices of Scott Gross, P.C., we represent clients throughout Nassau County and across New York who are dealing with protective orders, domestic violence allegations, and criminal contempt charges. Our legal team acts quickly to review your case, explain your options, and prepare a defense that protects your freedom and your future.
Call 516-500-9068 or reach out through our contact form to schedule a free consultation.
Written By Scott Gross
Scott Gross is the founder and lead criminal defense attorney at the Law Offices of Scott Gross. In 2006, Mr. Gross was appointed as an Assistant District Attorney in Suffolk County, New York. Scott Gross has handled thousands of criminal cases at all levels, many of which were high-profile matters followed by various media outlets. Because of his experience in Suffolk County, Mr. Gross is highly-skilled in defense trial techniques and rules of evidence for individuals facing criminal charges.
