Have you been charged with an order of protection violation? Don’t wait. Call now.
Violating an Order of Protection, also known as a restraining order, is a serious offense in New York. It’s a court order that requires a person to do, or not do, specific things if they commit a crime. It is a charge that could land you in prison and give you a criminal record. At this critical point in your life, you need vigorous and effective legal representation.
The Law Offices of Norman Mattar is an experienced Criminal Defense Law Firm that has defended thousands of people accused of crimes. We aggressively defend the rights and freedom of our clients — and we will fight for you.
Call us at 716-633-4300 for a consultation.
Facts about order of protection violations in New York State
If you have been charged with violating an order of protection, you need to carefully educate yourself about the charge against you and your situation.
There are two types of orders of protections:
- Stay-away or full orders — The guilty party must have no contact with the third party.
- Refrain from or limited orders — The guilty party can have contact, but must refrain from committing family or criminal offenses like harassing, assault, stalking, etc.
Consider these facts:
- You can be charged for a seemingly innocent action — if an order of protection has been issued against you, actual physical violence or contact with the protected person does not have to occur in order for you to be charged. Simply speaking with the protected person or sending an email could be sufficient for a conviction.
- The prosecutor may move forward, regardless of what the victim says — even if the protected person wants to withdraw the complaint, the state may decide to prosecute you.
- You may think that you will be exonerated if you can tell your side of the story to the judge — though there are two sides to every case, simply relying on the goodwill of the court is dangerous. You need an experienced advocate on your side, arguing your case using the facts and the law.
- Violation of protection order cases can be won — with a proactive defense effort and skilled representation, it may still 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 date, 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 matter or what crime is committed.
Order of Protection Violation
A person could be arrested and charged with criminal contempt if they violate 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. Mr. Mattar 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.