Orders of Protection are typically issued by Family Court or Criminal Court when there is “good cause shown.” It is important to remember that these are Orders issued by a Court. No person, other than the Judge, can change, modify or rescind an Order of Protection once it is issued; not even the person who is the protected party. When a person has gone to Court to get an Order of Protection against you, you are either provided a copy in Court or one will be served upon you.
Not only can an Order of Protection mandate that you stay away from a specific individual, but the Order can contain other provisions which can drastically affect your life. For example, an Order may mandate you to move out of your own home, require you to surrender your firearms, require you to participate in certain educational programs, or even dictate how and when you can see your children. Given the severity of these Orders, it is crucial to contact an attorney immediately if one is issued against you.
Violation of the Order can result in criminal charges, most common of which is Criminal Contempt, that can result in jail time. Orders of Protection are taken very seriously be the Court and it is crucial to make sure you understand the terms and provisions of the Order to avoid any violation. Police will make immediate arrests if they observe a violation of an Order of Protection. New York State operates a statewide computerized registry of most Orders of Protection. This allows local law enforcement agencies, the Court system, and even some employers to be aware of any current Orders against an individual.
Trevett Cristo can help you understand the Order and assist you in petitioning the Court to modify the Order’s terms or length. Our team of attorneys will work by your side to even challenge the validity of the Order and the underlying reasons for its issuance. Contact us today!