Have you been charged with an order of protection violation? Don’t wait. Call now.
Violating an order of protection – a judge’s directive requiring someone convicted of a crime to do or not do certain things — is a serious offense punishable by prison time.
If you’ve been found to be in violation of such a directive – also known as a restraining order – you need vigorous legal representation. We can help.
Norman Mattar has defended thousands of people accused of crimes, aggressively defending their rights and freedoms. We will fight for you, too.
Call us at 716-633-4300 for a free consultation.
Facts about order-of-protection violations in New York
If you’ve been charged with violating an order of protection, carefully educate yourself about the charge against you and seek to understand your particular situation.
There are two types of orders of protections:
- The stay-away, or full, order
This forbids contact with a third party.
- The refrain-from, or limited, order
This allows contact so long as it’s of a non-criminal nature – which is to say it doesn’t involve assault or stalking or behavior that could be perceived as harassing or threatening.
If a restraining order has been issued against you, you could be
- charged for a seemingly innocent action such as speaking with or emailing the protected person;
- prosecuted for violating the order even if the protected person wanted to withdraw the complaint;
Violation-of-protection-order cases can be won. With a proactive defense effort and skilled representation, it may be possible to obtain a positive outcome in your case.
A temporary order of protection lasts at least until the next court date. After that, it can be extended until the matter is resolved.
The time varies depending on if it is in family or criminal court. A family-court order of protection can last up to two years, while a final order of protection from criminal court can last up to eight years, depending on the situation and the crime committed.
A person could be arrested and charged with CRIMINAL CONTEMPT for violating a restraining order.
It is considered criminal contempt if someone ignores or disobeys a court order. They may be brought back to court to have additional requirements imposed or go to jail for up to seven years if they are convicted of criminal contempt.
A violation of restraining order can result in:
- Criminal contempt in the second degree: A person is guilty of criminal contempt to the second degree when they intentionally disobey or resist a court order. It is a Class A misdemeanor with a minimum penalty of up to a year in jail and a $1,000 fine.
- Criminal contempt in the first degree: A person is guilty of criminal contempt in the first degree when they deliberately cause the protected party to fear for their safety by contacting them. It is a Class E felony with a minimum penalty of four years in jail and a fine up to $5,000.
- Aggravated criminal contempt: A person is guilty of aggravated criminal contempt when they intentionally or recklessly cause physical injury to the person for whose protection the order was issued. It is a Class D felony with a minimum penalty of up to seven years in prison and a $5,000 fine.
The Law Offices of Norman Mattar will work tenaciously to protect your rights and preserve your freedom.
Trust our years of experience
Norman Mattar has more than 25 years of experience in criminal law, first as a prosecutor and now as a private defense attorney. He is highly knowledgeable concerning the possible defenses in domestic-violence cases and how to investigate alleged violations of orders of protection. His goal when representing you will be to protect your rights, keep you out of jail, and obtain a dismissal of the charge against you.
If you’ve been charged with an order-of-protection violation, call now to set up a consultation.
Schedule a consultation with an experienced criminal-defense lawyer about a domestic violence case. Call the Law Offices of Norman Mattar, at 716-633-4300.