What is Resisting Arrest?

Resisting arrest is a crime. That means that even if the arrest was for something that you did not do, merely resisting means that you can be charged with resisting arrest as a separate crime. Consequently, it’s never in someone’s best interests to resist an arrest or someone else’s arrest, no matter the circumstances.

What is Legally Considered Resisting Arrest?

Under New York Penal Law 205.30, you can be found guilty of resisting arrest if you intentionally prevent or attempt to prevent a police officer or peace officer from effecting an authorized arrest of yourself or of another person. Even when you did not commit the crime you are being arrested for, resisting arrest on its own is a crime in New York. 

If you are facing resisting arrest charges in New York, it is critical to get the assistance of a skilled New York criminal defense attorney. A skilled New York criminal defense attorney can assist you in reviewing the circumstances of your arrest to determine if the police officer acted lawfully and if your rights were respected during the arrest.

What are the Ways that You May Be Charged With Resisting Arrest in New York?

Unfortunately, you have to do very little for a law enforcement officer to charge you with resisting arrest. 

While you have the right to verbally object to an arrest if it is not a forceful verbal objection, any physical action or refusal to do what the officer says can be considered resistance. 

Any physical movement can be interpreted as resistance, even if you don’t mean it to be, and an officer is authorized to arrest and charge you for both the crime you are suspected of as well as the resistance charge. Consequently, it is in an individual’s best interests to comply with the officer to ensure that any actions are not misinterpreted. 

What are the Penalties for Resisting Arrest in New York?

Resisting arrest is considered a Class A misdemeanor, carrying penalties of

• Up to 364 days in jail
• Probation up to 3 years
• Fines of up to $1,000

If you are convicted of resisting arrest, even if you aren’t convicted of the crime you were being arrested for, you will have a criminal record that can follow you for the rest of your life. 

Are There Defense Options For Resisting Arrest Charges?

Fortunately, your New York criminal defense attorney has several ways of defending you against charges of resisting arrest.  

• Your attorney may show that your actions had been misinterpreted by the arresting officer, not attempting to resist the arrest. 
• Your resistance was a self-defense move against the officer’s unreasonable use of force.
• The arrest was unlawful.

The defense strategy used by your attorney will vary depending on the other details of the case. 

Is Resisting Arrest A Felony?

Resisting arrest is a grave offense that can result in severe consequences, classified as a class A misdemeanor in New York. Those convicted of this offense may face probation, a fine of up to $1,000, and up to 364 days of imprisonment

It is important to note that resisting arrest is usually not charged as a separate offense but is often linked to the resistance of an arrest for another crime. Resisting arrest can entail trying to stop a police officer from arresting oneself or someone else.

There are multiple ways to resist arrest, and any effort to obstruct an officer from carrying out a lawful arrest can lead to charges. This includes physical resistance or failure to follow an officer’s commands.

It is crucial to understand the potential implications of resisting arrest and comply with an officer’s instructions during an arrest. Even if you believe the arrest is unjust, it is not worth the risk of facing criminal charges and potential imprisonment. 

If you find yourself being arrested, it is crucial to comply with the officer’s instructions and seek the guidance of an experienced criminal defense attorney. An experienced Long Island criminal defense lawyer may be able to help you look into the details of your arrest to see if the arresting officer acted appropriately and if your rights were violated during the arrest.

Experienced Criminal Defense Attorneys in New York

If you have been charged with resisting arrest in New York, it is important to get the guidance of an experienced New York criminal defense lawyer to ensure that you do not find yourself facing other serious criminal charges needlessly. 
Call Jason Bassett and the criminal defense team at the Law Offices of Jason Bassett at (631) 259-6060 or contact us online for a no-cost consultation. We will help ensure that your legal rights are being protected each step of the way.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Jillian_VA https://jbassettlaw.com/what-is-resisting-arrest/ What is Resisting Arrest?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-is-resisting-arrest/

6 Important Questions To Ask A Criminal Lawyer Before Hiring Them

If you have been charged with a criminal offense, one of the first things to consider is retaining a Long Island criminal defense lawyer. Deciding on an attorney to hire takes careful consideration and assessment of relevant experience and qualifications. Representation by a criminal lawyer is important when being charged with a criminal case as your rights are at stake. Below are 6 important questions you will want to ask before hiring a criminal defense attorney.

1. Do you offer a free consultation?

When you have been charged with a criminal offense, you should first speak with an attorney by phone or in person.  At times it is difficult to tell if a lawyer is right for you simply by looking at their website or speaking on the phone.  However, a phone consultation is an important first step to hiring a defense attorney.  Top defense lawyers often offer a free consultation, this helps the potential clients decide if the attorney is a good fit, and for the attorney to decide if they want to take your case.

To schedule a free consultation with top Suffolk County criminal defense attorney Jason Bassett, call today at (631) 259-6060.

2. In what areas of criminal law do you have the most experience?

Much like how there are doctors who are experts in certain medical fields, lawyers are not a one size fits all solution for legal issues. Even within criminal law, attorneys will specialize in certain areas. So before hiring a criminal defense lawyer, it is important to ask what part of criminal law they have the most experience. Hire the criminal defense lawyer who has the most experienced in the area that your case falls under. Whether you are looking for a domestic violence attorney, a DWI  lawyer, or a federal criminal defense attorney, make sure you ask your lawyer about their prior experience.

Questions for criminal lawyer on Long Island

3. What types of fees will I be expected to pay for your services?

It is important to understand all the fees you will be responsible for early on in the process.

First, understand the type of fee arrangement your lawyer prefers. Some criminal attorneys will charge based on a flat fee while others require you to pay a retainer.

Next, find out how much you will be expected to pay for their services for your particular case. Establishing an estimate at the very beginning not only helps to avoid surprises down the road, but it will also help with your financial planning.

Finally, find out how miscellaneous costs will be dealt with. Depending on how your case goes, you may incur additional costs that extend beyond the legal services provided by your criminal lawyer. These would include, filing of complaints, motions, and briefs.

Make sure to ask your criminal defense lawyer if the firm will be paying for these or will the expense come out of your pocket.

4. Will you be handling my case personally?

This one may seem like a silly question to ask but it is a good idea to know who you should expect to see at legal proceedings such as depositions and trials. It is very common for you to meet with an experienced attorney, top of the firm with decades of experience handling cases just like yours. Then when it comes time for trial, the firm sends one of the more inexperienced defense lawyers, fresh out of law school to represent you.  If you are looking for a criminal defense attorney with more than 20 years of experience who personally represents all of his clients, call Jason Bassett today.

5. How accessible can I expect you to be?

Having access to your lawyer is extremely important when you have been charged with a crime. You may anxious about legal proceedings, procedures or additional criminal charges. Being able to make a quick call or text to your criminal lawyer will be able to put your mind at ease. If you end up being arrested or contacted by the police, you will need to get a hold of your criminal lawyer immediately.

6. How much trial experience do you have?

Many criminal cases are settled out of court through plea bargains and as such many criminal attorneys are more experienced in negotiating plea deals than pleading cases in court.

If your case is complex and requires going to trial, you will need a lawyer who has court experience. A criminal defense attorney who is experienced with trial will not only be aware of the many specific procedures and processes, but they will also have the necessary background to properly prepare you in key aspects such as cross-examination and testifying.

The Benefits of Hiring a Criminal Defense Attorney

A personal criminal defense attorney can help the defendant by conducting an independent investigation into all the events that led to the charges. Criminal defense attorneys can also evaluate each piece of evidence separately and determine whether the evidence is legally admissible. Public defenders are not likely to petition the court for a motion for the suppression of evidence, but this should be one of the primary functions of a defense lawyer. 

Even if the state has a strong case against the defendant, evidence may be dismissed and not taken into consideration if you have a skilled defense lawyer by your side. Hiring your own criminal defense attorney may also help you move for a case to go to trial. A trial is something that prosecutors usually do not want as prosecutors usually want to pursue a conviction as soon as possible. 

Hiring a criminal defense attorney may help the defendant pursue all legal avenues to protect their rights. Find a legal counsel that focuses on reducing charges or dismissing the case rather than negotiating a plea deal. Having an aggressive criminal defense lawyer can be a great investment toward a defendant’s freedom and future.

It is important to hire a criminal defense lawyer who is highly skilled in criminal law to represent your case. Attorney Jason Bassett may be able to help. We serve the areas of Nassau County and Suffolk County. Contact us to schedule a free consultation today.

What is a Lawyer Consultation?

A lawyer consultation is a meeting in which a prospective client talks about their legal problem and asks the attorney for legal advice. If you have been charged with a criminal offense, it’s crucial to get legal counsel from an experienced criminal defense lawyer. A consultation with a criminal defense lawyer can help you gain a better grasp of the complexities of New York criminal law and offer insightful information about the possible outcomes of your case. 

Scheduling a meeting with a knowledgeable criminal defense lawyer can be very helpful for your defense. By getting an initial consultation, you are already doing more for your legal defense than many other defendants by asking for assistance. 

The second step is to compile all the documentation required for your case. You may or may not have obtained paperwork from the police or the court, depending on how your case was started. Relevant documentation could be a citation, a court order, or a bail receipt that has been duly signed. You can also include any other case-related documents that would be helpful in describing the nature of the charges filed against you. 

The third step is to record what happened. If you list the events in the order they happened and shortly after the incident, you will remember them more clearly. You may have noticed that when you write, you remember information that you otherwise would have forgotten.

Contacting a criminal defense lawyer is the fourth step. Even though it may be intimidating to meet with a lawyer, it is the wisest course of action. It is important to remember that your criminal lawyer would be acting as your advocate and defending your rights. In your consultation, your attorney will analyze your case and go over the criminal procedures involved, possible penalties upon conviction, and your available legal options. 

Hiring a criminal defense lawyer is the fourth step. Whether you hire the attorney after a consultation is your choice and you should decide based on whether you think they can provide you with the legal help you require. 

An attorney can provide you with advice on how to protect your rights. An attorney can also help guarantee a fair trial and assist you in understanding the repercussions of entering a plea of guilty or not guilty. An attorney can also walk you through any possible legal defenses that would apply in your case. Choosing the right criminal defense attorney for your case is important when faced with criminal charges. 

Hire Top Suffolk County Criminal Defense Attorney

Choosing the right criminal defense attorney to represent you requires a great deal of research and consideration. Asking these 6 questions before hiring any criminal defense lawyer will ensure that you find the right one who will be the best for your case. Contact us today to speak with top Suffolk County, Long Island criminal defense lawyer Jason Bassett.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/6-important-questions-to-ask-a-criminal-lawyer-before-hiring-them/ 6 Important Questions To Ask A Criminal Lawyer Before Hiring Them

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/6-important-questions-to-ask-a-criminal-lawyer-before-hiring-them/

Long Island Criminal Lawyer Explains: What Is Domestic Violence in New York?

Under New York law, domestic violence includes allegations of “a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship.” In many cases, the alleged victim claims to have suffered a series of physical, mental, and emotional abuses by the accused.

However, in some instances, false accusations of domestic violence are made by one partner against the other. This may be motivated by jealousy, revenge, or the desire to gain a tactical advantage in divorce proceedings. Even if the partner recants their allegations, it may be too late to prevent the legal system from pursuing charges against the accused, as the initial accusation can have lasting effects on the case.

Prosecutors in New York take allegations of domestic violence seriously, and those accused may face severe penalties if convicted. If you are facing charges of domestic violence, it is important to seek the guidance of a skilled Long Island domestic violence lawyer before making any decisions. The Law Offices of Jason Bassett can provide the legal support and representation you need. Contact us at (631) 259-6060 to schedule a consultation.

Domestic Violence Basics

In New York, domestic violence is termed a “family offense” and thus an action can be brought in family court while also charges are brought in criminal court.  The allegations made by an alleged victim of domestic violence can include:

• Physical and sexual assault
• Physical restraint or imprisonment
• Threats of violence
• Psychological threats
• Threats of economic abuse
• Verbal abuse and intimidation
• Stalking
• Harassment

With a varying degree of each carrying different potential sentences, the most common  criminal charges brought in the context of allegations of domestic violence include the following:

• Assault
• Menacing
• Stalking
• Strangulation
• Criminal Obstruction of Breathing
• Harassment
• Criminal Contempt

Depending on a variety of factors, including the degree of injury alleged, domestic violence charges can be misdemeanors or felonies.

What “Intimate Relationships” Are Covered Under Domestic Violence Laws in New York?

When hearing the term “intimate relationship”, most people assume that would only cover people engaged in a sexual relationship.  However, what are considered intimate relationships and thus fall under New York domestic violence laws include the following:

• Married and divorced couples
• Domestic partnerships
• Same-sex couples
• Dating couples
• People who have children in common (including adopted children)
• People who are unrelated but have lived together for an extended period
• Family members who are related by blood
• Family members who are related by marriage

Long Island domestic violence lawyer

New York Domestic Violence Laws

Historically, it was challenging for domestic abuse victims to bring charges against their abusers in New York. Accusations were difficult to prove, and the law offered little protection for a victim after accusations were made and charges were filed.  Recent “reforms” to New York domestic violence, with the intent of giving legitimate victims an easier route to bring charges and seek protection, have unfortunately made it easier to bring false accusations.

An accuser will often (almost automatically) get an order of protection against the accused party, preventing them from returning home or seeing their children. Although these new policies have resulted in much good for victims and families suffering real domestic violence situations, the broad scope of the definition of domestic violence and the mandatory arrest policies enacted have resulted in numerous false charges brought against innocent people.  These well-intentioned reforms have enabled some accusers to make false claims and use the criminal justice system as a weapon to carry out their own personal agenda.

Because domestic violence charges carry severe penalties and may impact an individual for the rest of his or her life, it’s critical for anyone accused to get the representation of an experienced New York domestic violence attorney. If you have been accused of domestic violence in New York, contact the law firm of Jason Bassett Criminal Attorney for a free consultation.

Sentences For Domestic Violence

If you’re arrested and charged with a crime involving your current or former spouse, your parent or child, or any member of the household, one of the initial actions taken by the court will be to issue an order for protection. This order is intended to keep victims safe from violence, abuse, harassment, or threats. The judge has the authority to grant various types of protections and restrictions, such as refraining from communication with the victim, paying child support or expenses related to hospitalizations resulting from abuse, and surrendering any firearms in possession. Failure to comply with the order may lead to further legal consequences.

If you’re ultimately convicted of a domestic violence offense, the severity of your punishment will depend on the charge. Disorderly conduct is the least severe offense and is classified as a violation, with a maximum sentence of 15 days in jail and a fine of up to $250. However, most domestic violence offenses are classified as misdemeanors or felonies, with sentences ranging from 3 months to life in prison, depending on the severity of the offense. 

The maximum possible sentence for each classification of felony is as follows:

• Class E felony (4 years in prison and a fine of up to $5,000)
• Class D felony (7 years in prison and a fine of up to $5,000)
• Class C felony (15 years in prison and a fine of up to $15,000)
• Class B felony (25 years in prison and a fine of up to $30,000)
• Class A-II felony (life in prison and a fine of up to $50,000)
• Class A-I felony (life in prison and a fine of up to $100,000).

If you are facing domestic violence charges, don’t hesitate to seek the help of a skilled domestic violence defense lawyer. At the Law Offices of Jason Bassett, Long Island domestic violence defense attorney Jason Bassett may be able to provide you with legal guidance, support, and the best defense possible in your circumstance. Don’t face domestic violence charges alone – contact us today at (631) 259-6060 to schedule a consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/long-island-criminal-lawyer-explains-what-is-domestic-violence-in-new-york/ Long Island Criminal Lawyer Explains: What Is Domestic Violence in New York?

source https://jbassettlaw.com/long-island-criminal-lawyer-explains-what-is-domestic-violence-in-new-york/

Long Island Criminal Lawyer Explains: What Is Domestic Violence in New York?

Under New York law, domestic violence includes allegations of “a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship.” In many cases, the alleged victim claims to have suffered a series of physical, mental, and emotional abuses by the accused.

However, in some instances, false accusations of domestic violence are made by one partner against the other. This may be motivated by jealousy, revenge, or the desire to gain a tactical advantage in divorce proceedings. Even if the partner recants their allegations, it may be too late to prevent the legal system from pursuing charges against the accused, as the initial accusation can have lasting effects on the case.

Prosecutors in New York take allegations of domestic violence seriously, and those accused may face severe penalties if convicted. If you are facing charges of domestic violence, it is important to seek the guidance of a skilled Long Island domestic violence lawyer before making any decisions. The Law Offices of Jason Bassett can provide the legal support and representation you need. Contact us at (631) 259-6060 to schedule a consultation.

Domestic Violence Basics

In New York, domestic violence is termed a “family offense” and thus an action can be brought in family court while also charges are brought in criminal court.  The allegations made by an alleged victim of domestic violence can include:

• Physical and sexual assault
• Physical restraint or imprisonment
• Threats of violence
• Psychological threats
• Threats of economic abuse
• Verbal abuse and intimidation
• Stalking
• Harassment

With a varying degree of each carrying different potential sentences, the most common  criminal charges brought in the context of allegations of domestic violence include the following:

• Assault
• Menacing
• Stalking
• Strangulation
• Criminal Obstruction of Breathing
• Harassment
• Criminal Contempt

Depending on a variety of factors, including the degree of injury alleged, domestic violence charges can be misdemeanors or felonies.

What “Intimate Relationships” Are Covered Under Domestic Violence Laws in New York?

When hearing the term “intimate relationship”, most people assume that would only cover people engaged in a sexual relationship.  However, what are considered intimate relationships and thus fall under New York domestic violence laws include the following:

• Married and divorced couples
• Domestic partnerships
• Same-sex couples
• Dating couples
• People who have children in common (including adopted children)
• People who are unrelated but have lived together for an extended period
• Family members who are related by blood
• Family members who are related by marriage

Long Island domestic violence lawyer

New York Domestic Violence Laws

Historically, it was challenging for domestic abuse victims to bring charges against their abusers in New York. Accusations were difficult to prove, and the law offered little protection for a victim after accusations were made and charges were filed.  Recent “reforms” to New York domestic violence, with the intent of giving legitimate victims an easier route to bring charges and seek protection, have unfortunately made it easier to bring false accusations.

An accuser will often (almost automatically) get an order of protection against the accused party, preventing them from returning home or seeing their children. Although these new policies have resulted in much good for victims and families suffering real domestic violence situations, the broad scope of the definition of domestic violence and the mandatory arrest policies enacted have resulted in numerous false charges brought against innocent people.  These well-intentioned reforms have enabled some accusers to make false claims and use the criminal justice system as a weapon to carry out their own personal agenda.

Because domestic violence charges carry severe penalties and may impact an individual for the rest of his or her life, it’s critical for anyone accused to get the representation of an experienced New York domestic violence attorney. If you have been accused of domestic violence in New York, contact the law firm of Jason Bassett Criminal Attorney for a free consultation.

Sentences For Domestic Violence

If you’re arrested and charged with a crime involving your current or former spouse, your parent or child, or any member of the household, one of the initial actions taken by the court will be to issue an order for protection. This order is intended to keep victims safe from violence, abuse, harassment, or threats. The judge has the authority to grant various types of protections and restrictions, such as refraining from communication with the victim, paying child support or expenses related to hospitalizations resulting from abuse, and surrendering any firearms in possession. Failure to comply with the order may lead to further legal consequences.

If you’re ultimately convicted of a domestic violence offense, the severity of your punishment will depend on the charge. Disorderly conduct is the least severe offense and is classified as a violation, with a maximum sentence of 15 days in jail and a fine of up to $250. However, most domestic violence offenses are classified as misdemeanors or felonies, with sentences ranging from 3 months to life in prison, depending on the severity of the offense. 

The maximum possible sentence for each classification of felony is as follows:

• Class E felony (4 years in prison and a fine of up to $5,000)
• Class D felony (7 years in prison and a fine of up to $5,000)
• Class C felony (15 years in prison and a fine of up to $15,000)
• Class B felony (25 years in prison and a fine of up to $30,000)
• Class A-II felony (life in prison and a fine of up to $50,000)
• Class A-I felony (life in prison and a fine of up to $100,000).

If you are facing domestic violence charges, don’t hesitate to seek the help of a skilled domestic violence defense lawyer. At the Law Offices of Jason Bassett, Long Island domestic violence defense attorney Jason Bassett may be able to provide you with legal guidance, support, and the best defense possible in your circumstance. Don’t face domestic violence charges alone – contact us today at (631) 259-6060 to schedule a consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/long-island-criminal-lawyer-explains-what-is-domestic-violence-in-new-york/ Long Island Criminal Lawyer Explains: What Is Domestic Violence in New York?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/long-island-criminal-lawyer-explains-what-is-domestic-violence-in-new-york/

What Is the Difference Between a Restraining Order Versus Order of Protection in New York?

In the state of New York, an order of protection and a restraining order refer to the same legal instrument. The purpose of an order of protection is to restrict the actions of someone who has caused harm or posed a threat to another person. It may require the individual to stay away from the victim and their family, vacate the home, adhere to custody arrangements, pay child support, or surrender any firearms in their possession, among other provisions. 

Speak with an experienced Long Island order of protection lawyer right away if you are facing charges of violating an order of protection. A violation of a New York restraining order carries significant penalties. A mandatory arrest can also be made by law enforcement if domestic violence is involved. A conviction of this charge can have a significant impact on your life. Do not leave it to chance. To schedule a consultation with an experienced domestic violence lawyer for your case, contact Jason Bassett Criminal Lawyer today. 

Who Is Eligible for an Order of Protection?

Individuals who are currently married, formerly married, have a child in common, or were in an intimate or currently in an intimate relationship may seek an Order of Protection from the Family Court. If an emergency event occurs where an individual is injured or threatened and the police are called, they may inquire with the police about obtaining an Order of Protection from a criminal court. 

Upon contacting the police, a domestic incidence report (DIR) will be filed based on the information provided. Depending on the situation, the offender may be arrested or a bench warrant may be issued by the criminal court. In each criminal court, an assistant District Attorney is assigned to assist in obtaining an Order of Protection.

The District Attorney’s office is responsible for determining the charges against the offender, which may require the victim’s testimony in court. Criminal charges are categorized as felonies, misdemeanors, and violations, with felonies being the most severe and violations being the least severe. The court that handles the criminal conduct is determined by the severity of the crime, with felonies being handled in the County Court and other crimes being handled in city, town, or village courts.

Full VS Limited Order of Protection

When dealing with domestic violence charges in New York City, restraining order attorneys often come across two types of orders of protection: full and limited. A full order of protection states that the defendant has to completely cut all contact with the protected person as long as the order stands. This includes refraining from going to their home, school, or workplace. 

On the other hand, a limited order of protection allows the charged individual to have contact with their accuser but still prohibits them from engaging in any harmful behavior such as assault, harassment, stalking, or any other prohibited actions. In such cases, the parties may be able to live together and attend social events, as long as there is no risk of violence or threats. 

If you are facing a domestic violence charge in New York City, it is important to seek the assistance of a restraining order attorney. They can guide you through the process and help you understand the legal penalties that may arise from such charges.

Duration of an Order of Protection

The duration of temporary orders of protection in family law cases may differ, but they can be extended during legal proceedings and terminated once the family offense case concludes. A permanent order of protection in family law cases can persist for a maximum of two years following case resolution unless there are extenuating circumstances such as a weapon, injury, history of violence, or recurrent violations. A permanent order of protection may also be granted if the accused violates an existing protective order. In such cases, the duration of the order may be extended to up to five years by the Family Court, if aggravating circumstances are found to exist.

Where to Get an Order of Protection?

There are two main courts that can issue an order of protection: Criminal Court and Civil Court. The most commonly sought-after orders are civil orders, which can be obtained through the Family Court for cases involving domestic and family abuse, or through the Supreme Court as part of divorce proceedings. Both courts offer the same level of protection as a criminal court order, but without requiring criminal prosecution or an arrest warrant. 

If you’re going through a divorce, you can seek an order of protection through the Supreme Court by making an oral request during a court appearance or submitting a written request with a Motion or Order to Show Cause. 

If you have an order of protection placed against you, it is important to seek the legal representation of an experienced order of protection lawyer. A skilled lawyer may be able to help you create a solid defense strategy against your case.

Getting the Legal Help of an Experienced Order of Protection Lawyer

If you are facing an Order for Protection or have been charged with contempt of court for violating one, it’s crucial to seek the assistance of a qualified New York Order of Protection lawyer immediately. 

At Jason Bassett Criminal Attorney, Long Island criminal defense lawyer Jason Bassett can provide you with valuable legal guidance and a strong defense to help you in your case. Attorney Bassett may be able to help you understand your legal position and create a comprehensive defense strategy to ensure your interests are safeguarded. Contact us today to schedule a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Jillian_VA https://jbassettlaw.com/what-is-the-difference-between-a-restraining-order-versus-order-of-protection-in-new-york/ What Is the Difference Between a Restraining Order Versus Order of Protection in New York?

source https://jbassettlaw.com/what-is-the-difference-between-a-restraining-order-versus-order-of-protection-in-new-york/

What Is the Difference Between a Restraining Order Versus Order of Protection in New York?

In the state of New York, an order of protection and a restraining order refer to the same legal instrument. The purpose of an order of protection is to restrict the actions of someone who has caused harm or posed a threat to another person. It may require the individual to stay away from the victim and their family, vacate the home, adhere to custody arrangements, pay child support, or surrender any firearms in their possession, among other provisions. 

Speak with an experienced Long Island order of protection lawyer right away if you are facing charges of violating an order of protection. A violation of a New York restraining order carries significant penalties. A mandatory arrest can also be made by law enforcement if domestic violence is involved. A conviction of this charge can have a significant impact on your life. Do not leave it to chance. To schedule a consultation with an experienced domestic violence lawyer for your case, contact Jason Bassett Criminal Lawyer today. 

Who Is Eligible for an Order of Protection?

Individuals who are currently married, formerly married, have a child in common, or were in an intimate or currently in an intimate relationship may seek an Order of Protection from the Family Court. If an emergency event occurs where an individual is injured or threatened and the police are called, they may inquire with the police about obtaining an Order of Protection from a criminal court. 

Upon contacting the police, a domestic incidence report (DIR) will be filed based on the information provided. Depending on the situation, the offender may be arrested or a bench warrant may be issued by the criminal court. In each criminal court, an assistant District Attorney is assigned to assist in obtaining an Order of Protection.

The District Attorney’s office is responsible for determining the charges against the offender, which may require the victim’s testimony in court. Criminal charges are categorized as felonies, misdemeanors, and violations, with felonies being the most severe and violations being the least severe. The court that handles the criminal conduct is determined by the severity of the crime, with felonies being handled in the County Court and other crimes being handled in city, town, or village courts.

Full VS Limited Order of Protection

When dealing with domestic violence charges in New York City, restraining order attorneys often come across two types of orders of protection: full and limited. A full order of protection states that the defendant has to completely cut all contact with the protected person as long as the order stands. This includes refraining from going to their home, school, or workplace. 

On the other hand, a limited order of protection allows the charged individual to have contact with their accuser but still prohibits them from engaging in any harmful behavior such as assault, harassment, stalking, or any other prohibited actions. In such cases, the parties may be able to live together and attend social events, as long as there is no risk of violence or threats. 

If you are facing a domestic violence charge in New York City, it is important to seek the assistance of a restraining order attorney. They can guide you through the process and help you understand the legal penalties that may arise from such charges.

Duration of an Order of Protection

The duration of temporary orders of protection in family law cases may differ, but they can be extended during legal proceedings and terminated once the family offense case concludes. A permanent order of protection in family law cases can persist for a maximum of two years following case resolution unless there are extenuating circumstances such as a weapon, injury, history of violence, or recurrent violations. A permanent order of protection may also be granted if the accused violates an existing protective order. In such cases, the duration of the order may be extended to up to five years by the Family Court, if aggravating circumstances are found to exist.

Where to Get an Order of Protection?

There are two main courts that can issue an order of protection: Criminal Court and Civil Court. The most commonly sought-after orders are civil orders, which can be obtained through the Family Court for cases involving domestic and family abuse, or through the Supreme Court as part of divorce proceedings. Both courts offer the same level of protection as a criminal court order, but without requiring criminal prosecution or an arrest warrant. 

If you’re going through a divorce, you can seek an order of protection through the Supreme Court by making an oral request during a court appearance or submitting a written request with a Motion or Order to Show Cause. 

If you have an order of protection placed against you, it is important to seek the legal representation of an experienced order of protection lawyer. A skilled lawyer may be able to help you create a solid defense strategy against your case.

Getting the Legal Help of an Experienced Order of Protection Lawyer

If you are facing an Order for Protection or have been charged with contempt of court for violating one, it’s crucial to seek the assistance of a qualified New York Order of Protection lawyer immediately. 

At Jason Bassett Criminal Attorney, Long Island criminal defense lawyer Jason Bassett can provide you with valuable legal guidance and a strong defense to help you in your case. Attorney Bassett may be able to help you understand your legal position and create a comprehensive defense strategy to ensure your interests are safeguarded. Contact us today to schedule a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Jillian_VA https://jbassettlaw.com/what-is-the-difference-between-a-restraining-order-versus-order-of-protection-in-new-york/ What Is the Difference Between a Restraining Order Versus Order of Protection in New York?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-is-the-difference-between-a-restraining-order-versus-order-of-protection-in-new-york/