In New York, orders of protection are granted by family or criminal court, or by the Supreme Court. These orders can be obtained by a petitioner, who is typically the victim of domestic violence, stalking, or harassment. The order can prohibit the respondent, the person accused of the abusive behavior, from contacting or being in proximity to the petitioner and may require the respondent to move out of a shared residence.
It is important to note that violating an order of protection is a criminal offense in New York and can result in arrest, fines, and imprisonment. Even if the judge does not immediately impose an order of protection, prosecutors have the option of petitioning the court to impose an order. New York prosecutors take orders of protection violation cases seriously.
If you or a loved one believes that an order of protection has been unfairly or improperly issued against you, it is important to seek the legal advice of an experienced Long Island order of protection lawyer. A skilled attorney may be able to help you protect your rights and your freedom.
Fighting an Order of Protection
To challenge an order of protection, you need to go to court with proof that shows why the order is not necessary. If you can show that the person who asked for the order lied about what happened, there is a possibility that the judge might cancel the order. Getting the help of an experienced order of protection lawyer can help increase your chances of getting the order lifted.
Even if you believe that the order of protection is not necessary, it is important to remember that you must still follow its rules. You cannot make an agreement with the individual who asked for the order of protection to allow you to communicate with them.
Violations of the order may also result in contempt of court charges. Seek the help of an experienced attorney right away if you are accused of violating an order of protection or if you would like to modify or have the order dismissed.
A good lawyer can also help you gather evidence to disprove the accusations. It’s important to fight the allegations from the start, as a protection order can have a significant impact on your life once it’s finalized.
Types of Orders of Protection in New York
There are two primary forms of protection orders that can be issued in cases of domestic violence or harassment:
- Full Order of Protection
This type of protection order prohibits the respondent from having any contact with the petitioner, including phone calls, emails, letters, or third-party communication. Additionally, this order may require the respondent to find new residency if they live in the same home as the petitioner. This type of order is typically issued in cases where the petitioner has experienced severe physical or emotional harm, and there is a high risk of future harm.
- Limited Order of Protection
This type of protection order prohibits the respondent from engaging in any behavior that may be considered harassing or intimidating to the petitioner. This can include yelling, threatening, or any other form of abusive behavior. This type of order is usually issued in cases where there is less immediate danger, but where the petitioner still requires some level of protection.
It is important to consult with a legal professional to understand the details of the protection order if you have one against you. A skilled lawyer may be able to help you understand your situation and help guide you through the process. Contact Jason Bassett Criminal Lawyer today to schedule a free consultation regarding your case.
Duration of an Order of Protection
Orders of protection are promptly granted upon the complainant’s request or the defendant’s arraignment. These orders are often temporary and are subject to expiration before the culmination of the case. However, they may be renewed as needed.
In certain circumstances, a permanent order of protection may be issued instead of a temporary order once the case is resolved. It’s important to note that despite the designation of being “permanent,” such orders are usually effective for one year, though in some cases, it can take as long as five years for a protective order to expire.
False Allegations in New York Domestic Violence Cases
The primary cause of false accusations of domestic violence is often to punish the defendant. In a heated dispute between domestic partners, one party may become angry and intend to seek revenge or teach the other person a lesson. This behavior frequently leads to false allegations of domestic violence, with the accuser calling the police and claiming that domestic violence occurred or that the defendant threatened their safety.
These accusations can result in severe and long-term consequences for the accused. Many individuals who make false accusations are unaware of the actual ramifications before contacting the authorities, hoping to discipline their partner or make them pay after a disagreement.
Often, the complainant does not comprehend that the consequences of their actions will be the mandatory arrest of the defendant. After an arrest, it is common for a complainant to recant their complaint, saying that they only wanted the police to intervene and calm things down. However, any allegation of domestic violence leads to an arrest being made.
If you are facing false accusations of domestic violence on Long Island, it is important to seek the legal representation of an experienced domestic violence lawyer right away. A skilled attorney may be able to help you fight for your rights and protect your freedom.
Speaking to an Experienced Long Island Order of Protection Lawyer
Although orders of protection are necessary for some situations, there are situations where they are not warranted and often cause more damage. An unfounded order of protection can be problematic and create difficulties for both the complainant and the defendant.
If you believe that a protective order has been wrongly issued against you, refrain from violating it yourself. Instead, seek assistance from Jason Bassett, a knowledgeable order of protection lawyer in New York, to contest the order of protection. We may be able to assist you in getting the order of protection modified or get it dismissed entirely. To schedule a consultation with Jason Bassett Criminal Lawyer, contact (631) 259-6060 today.
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