Manhattan Orders of Protection Attorneys
The laws regarding orders of protection, commonly called restraining orders, can be a bit confusing. These orders of protection can be filed by a family court, which is generally a civil case, or it could be filed in criminal court. There are specific conditions that need to be present to warrant a judge to issue this sort of legal restraint order. A violation of this type of legal order can result in the person spending time in jail up to a 4 year sentence. Therefore, anyone that is served with an order of protection should immediately get in touch with an area criminal defense lawyer, like NYC Criminal Attorneys, for legal guidance.
To have an order of protection filed against you in criminal court, the suspect has to have committed a crime or had done so before. Typically, individuals get these orders in a family court related to a divorce, child custody case or other family matter. The rules here are a little different. A person can have an order of protection taken out against them even if they have never been charged with a criminal offense. The person desiring the protection order must prove a specific relationship to the person that can include:
- Spouse or former spouse
- Family member
- Live in or intimate partner
- Parent etc.
Generally, these orders can be taken out if the person has been threatened or actually harmed by the suspect that has been shown to be involved in one of the following scenarios:
- Domestic violence
- Reckless endangerment
- Harassment and/or stalking
- An assault or attempted assault
- Criminal mischief
- Some type of disorderly conduct
For examples of the above situations, a spouse or intimate partner that slaps the other can be charged with domestic abuse. A person driving at high speed and showing reckless driving behaviors can be charged with reckless endangerment. Stalking and harassment charges were difficult to prove until recently. Currently, judges are more apt to call repetitive texts, calls and other unwanted contact harassment. If the suspect has been shown to continually show up where the other party is without good cause, the suspect could be charged with stalking. It is easy to see that in many cases, it is one person’s interpretation of an event or events over another. Anyone accused in any of these sorts of issues should swiftly contact an experienced criminal defense lawyer.
If a person has been served with a legal document that states it is an order of protection against someone else, that person must follow the specific rules set forth by a judge. These will typically relate to contact with the accuser. Often the accused will have to:
- Refrain from going to the person’s home
- The person might have to move out if the parties were living together
- There may be additional places that the accused can’t be like at the accuser’s workplace, a child’s school and so forth
The person will generally have to cease phone contact with the accuser. This includes texts and hang up calls. They will likely have to cease any Internet or social media contact as well. It is crucial for the accused to understand all of the order requirements, because if the person violates even a civil family court protection order, they could be charged then in criminal court which can result in up to 4 years of actual jail time. Sometimes, the accuser will be trying to get the other person into trouble. Other times, the accuser might want to resume contact with the person. In both cases, if the person accused allows any form of contact, they could be found in violation of the court order. This can occur even if the contact was initiated by the other party.
Another common term in protection orders dictates that the accused give up any owned or possessed firearms or other weapons. If caught with a gun, the person could be charged with violating the order and be subject to stiff penalties. Contact https://www.nyccriminalattorneys.com for legal representation or advice.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic