Bronx Order of Protection

It might seem like a small matter to have violated an order of protection, particularly if the party who filed for the original paperwork stipulated that it was fine and that they no longer wish to pursue an order of protection against you. The truth is that in New York, only the judge has the opportunity to reverse or eliminate an order of protection, therefore you could still be found guilty of violating it even if the other party indicated at the time that it was okay.

If you have had an order of protection, which may also be referred to as a restraining order against you, it is strongly recommended that you consult with your Bronx order of protection defense attorney immediately to understand your rights and responsibilities. Far too many people find themselves facing charges and other criminal consequences if they do not have a Bronx order of protection defense lawyer explain to them the consequences of such a restraining order at the time that it is assessed. Anytime that you are facing criminal charges or any type of allegation against you involving the law, you need an order of protection defense attorney in the Bronx to assist you.

As the respondent, you still maintain rights and it is not just the petitioner who has the opportunity to pursue things through the courts but you must be familiar with what you are up against. Hiring an order of protection defense lawyer in the Bronx is the only way to know for sure. There are two primary types of protection orders in place in New York. These are known as a 'do not harass order' or limited order of protection, or a full order of protection which may also be referred to as a 'stay away order'.

In the 'do not harass order' the respondent is prohibited from engaging in threatening, yelling, intimidating or harassing behavior towards the petitioner. In a full order of protection, however, the respondent is not allowed any contact with a petitioner including phone calls, letter, emails or third party communication, and it also requires the respondent to identify new residency if they live in the same home as the petitioner. Individuals who are victimized by domestic abuse may pursue an order of protection as one avenue for handling their rights.

This is a legal court granted document which prohibits the alleged abuser form coming near the alleged victim. This does not necessarily guarantee safety; however, it does come with consequences for the person who violates the order of protection. An order of protection is a valid form of protection often necessary for legitimate victims of domestic violence, however, it can be grossly misused throughout New York. An individual who is trying to get an upper hand in a custody dispute may try to get an order of protection against the ex-spouse. In other situations, an order of protection can be damaging for your character as well. As soon as one has been stipulated in your case, you need to carefully read between the lines and identify the things you can and cannot do under that order of protection. Having a criminal defense lawyer who can walk you through the various stipulations can decrease your chances of making a mistake. These kinds of actions can have a significant impact on your future if you make even one minor violation. An order of protection can be awarded in criminal or in family court or in some cases, both.

All information regarding the case will be filed in the petition with the court. When an order of protection is given in New York, you will know because it has to be served to the person directly. In some cases, an order of protection is never seriously considered before it is granted which means that wrongful protection orders could be served. Regardless, it is in your best interests to get a lawyer involved sooner rather than later to help to protect your rights.

Anytime that someone runs a background check on you, a New York order of protection may show up even if you were never criminally charged for anything. This is why it is critical that you fight an unfair restraining order as soon as it has been assessed against you. If you have been accused of violating the terms of an order of protection, you will most likely be arrested and you may be able to file a violation petition to combat the charges, take it to criminal or negotiate with the DA. If convicted, you will be responsible for dealing with the punishments including incarceration or even probation.