Suffolk County Order of Protection

Whether it was a domestic dispute, alleged assault or other type of criminal activity that encouraged someone to get an order of protection against you, it is crucial that you realize that whether or not you agree with this particular document that you should abide by it. When individuals need an order of protection, they have three options; the Supreme Court matrimonial division, the New York criminal court, or the New York family court.

A judge will issue an order of protection if there is a violent threat or if the judge believes the defendant has the capability to become violent. Once the order is issued, it remains in place until a hearing set by the judge. An order of protection defense lawyer in Suffolk County can help explain how the process works as you move forward through the justice system.

There are two different types of orders of protection frequently assessed in New York. If you have been charged with any crime in New York, identifying an experienced order of protection attorney in Suffolk County should be one of the first things you accomplish. With any type of crime there are various different penalties that may be assessed and the stakes are much higher in the situation in which a victim has obtained an order of protection against you. This is particularly troubling when the order of protection is against a spouse or other family member which could interfere with your ability to have a relationship or meaningful visitation with your children or other loved ones. An order of protection, however, is an official court order that stipulates what you can and cannot do with regards to the other person named on the order.

Clarifying the expectations and other responsibilities that you maintain in this situation is crucial because making a small mistake could lead to catastrophic consequences. If you've been charged with any of the following crimes typically associated with an order of protection, you need the help of a New York order of protection attorney. These crimes include battery, assault, rape or endangering the welfare of a child. The first type of order of protection is known as a limited order of protection which prevents a defendant from harassing, intimidating or threatening the person who has made the complaint. Under this type of protection order, the parties are usually allowed to have contact and may even cohabitate, provided there are no violations. In a stay away order, however, the defendant is not eligible to have any contact with the victim or complainant. This means even contact through third parties is prohibited. Any place that the victim frequents like their place of work or their home, is also off limits to the person named as the defendant. In the event that you are accused of violating this order, you will be facing a contempt charge and you can be arrested. Purposely violating such an order like this is also a class A misdemeanor across New York and should prompt you to hire an experienced attorney.

The length of an order or protection in the state of New York is that the length of it typically varies. The judge may establish it during a criminal case and set date for another court appearance. At the end of the case, a judge has the opportunity to establish an order of protection that can remain in effect for one year or a more permanent order which never expires. When you know what to expect because of conversations with your Suffolk County order of protection defense lawyer, you’ll feel more prepared to combat criminal charges.

This depends on the degree of threat associated with the victim. If you have been served with an order of protection or you have recently been charged with contempt of court for violating an existing order, you need to do everything in your power to protect yourself against the potential consequences. Identifying an attorney who cares about representing your best interests and who will work hard to ensure that your rights are protected over the duration of your case is strongly recommended. A Suffolk County order of protection defense attorney should be your first call.