Experienced Long Island NY Orders of Protection Lawyer

Defining New York Orders of Protection & Restraining Orders

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. In some cases, an order of protection is issued without any legitimate reason. For instance, the complaining witness may be a spouse who wants to seek revenge on their estranged husband/wife and set the stage for more favorable terms for themselves in an impending divorce. The Law Offices of Scott Gross, P.C. can help you defend your rights and strategize a defense if you have been arrested on domestic violence charges.

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.

Experienced Legal Counsel with The Law Offices of Scott Gross, P.C.

If you have been issued an order of protection and need legal guidance, or if you have been arrested for violation of the terms and conditions of the order, contact skilled Long Island Defense Attorney Scott Gross. The Law Offices of Scott Gross, P.C. can help you strategize your defense and fight any criminal charges against you. If you were arrested on domestic violence charges and/or you were issued a restraining order in criminal court, Attorney Scott Gross can help you.