Order of Protection

How to Get an Order of Protection Dismissed in NY

Spouses, children, and family members can often overreact to an argument or fight. One of the things that can result from such an overreaction is an order of protection. Individuals who have suffered from domestic violence, including threats of bodily harm, can request an order of protection. These court orders prevent the allegedly abusive individual from living in the same residence as the protected individual or from coming near them or contacting them in any way.

An order of protection, sometimes called a restraining order, is intended to keep a domestic violence victim safe from the harm of an alleged abuser. Either the alleged victim (the “complaining witness”) can request an order of protection in family court, or a prosecutor can request the order in criminal court or the New York Supreme Court. When a prosecutor requests the order of protection on behalf of the complaining witness, it is up to a judge to decide whether to issue an order of protection, and what terms and conditions to include for the defendant to follow. The order may be temporary or permanent.

While terms and conditions vary for an order of protection, they typically include:

• The recipient is prohibited from communicating with the victim, including through phone calls, emails, texts, or social media channels.
• The recipient is forbidden from visiting the complaining witness’ home, workplace and/or school. If the recipient and the alleged victim live together, this may mean the recipient must vacate the shared residence.
• The recipient may not possess a firearm.
• If applicable, the recipient may temporarily lose certain child custody rights.

Unfortunately, orders of protection are sometimes used as a way to seek revenge on the recipient rather than to shield the alleged victim from real harm, such as: a complaining witness may be a spouse who wants to seek revenge on their estranged husband/wife. If an order of protection has been requested or taken out against you, then you will likely have to move and will be unable to see any loved ones named in the order. You could be wrongfully prevented from spending time with your children simply because an angry, bitter, or frightened member of your household overreacted to your behavior.

We can build a strong case to protect your rights and keep your household together, protecting your reputation in the process.

What Happens if an Order of Protection is Violated?

Violating an order of protection issued by a judge is a criminal offense and can land you in jail. Even if the defendant had no intention of harming their alleged victim, it is still a crime. If you have been issued an order of protection, you can be charged with “violating court orders” simply by making contact with the complaining witness. This could result in misdemeanor criminal contempt charges. If you make violent physical contact with the complaining witness, it is a felony and can land you in prison for up to 7 years as a standalone charge if convicted.

Hire a Long Island Domestic Violence Lawyer

Don’t let accusations of domestic violence tear your family apart. You should not be required to leave your home and stay away from your loved ones when you have not violated the law or harmed a member of your household. The Law Offices of Scott Gross, P.C. can provide a Long Island domestic violence lawyer to defend you and fight against an unjust order of protection.