Call Now For A Free Consultation!
(347) 212-5945We Have A Sliding Fee Scale!
When your partner violates an order of protection in New York, it can be a distressing and urgent situation. Knowing your legal options and understanding how to handle a violation is critical for your safety and peace of mind.
In this article, we’ll discuss the types of orders of protection in New York, what constitutes a violation, the potential penalties for violations, and the best steps to take if you find yourself in this situation. If you’re confronting order of protection violations in New York, this guide will equip you with the knowledge you need to navigate the situation.
In New York, there are two primary types of orders of protection.
This is the most common type and includes specific instructions that the respondent (the person the order is against) cannot engage in certain behaviors. These behaviors can include:
If the respondent violates any of these conditions, it can be considered a violation of the order. Violent actions are more straightforward violations, while some actions, like unwanted communication or behavior that’s open to interpretation, may require further assessment by a judge or referee.
This order typically includes all the provisions of a limited order but adds the requirement that the respondent must stay away from the petitioner’s home, workplace, school, and any other specified locations. It also prohibits all forms of contact, whether in person, via text, email, phone, social media, or through third parties.
If the respondent makes any intentional contact with the petitioner, it is considered a violation, even if the petitioner invites the respondent over. Unless the petitioner goes to court to modify the order, such contact could lead to legal consequences.
If the order of protection was issued by Family Court, you have two main options:
If the violation involves any form of immediate danger, it is often best to contact the police. The police will take your complaint and investigate the situation. If they determine there’s probable cause, they can arrest the respondent. The case would then be referred to the district attorney’s office for review, and a criminal case may be filed. If the respondent is found guilty, they could face a penalty of up to seven years’ incarceration.
You also have the option to file a violation petition in Family Court. This process can take longer than going to the police, as hearings are often scheduled months in advance. Family Court can impose penalties like jail time for up to six months. However, the process in Family Court may not provide the immediate safety you need if there is an ongoing threat.
In cases where safety is a concern, calling the police first is usually the better option. The police can act swiftly and provide immediate protection, whereas Family Court proceedings may take months to resolve and may not offer the same level of immediate intervention.
The penalties for violating an order of protection vary depending on whether the case is in Family Court or Criminal Court. If the violation is deemed willful or intentional by the Family Court, the respondent could face up to six months in jail.
On the other hand, violating an order of protection in Criminal Court is considered a felony. The maximum penalty is up to seven years’ incarceration. However, in many cases, the penalties are less severe, with outcomes including probation, conditional discharge, or an Adjournment Contemplating Dismissal (ACD), which may allow the case to be dismissed after a period of good behavior.
To strengthen your case if your partner violates an order of protection, it’s important to gather all relevant evidence. Some of the most common forms of documentation include:
If the respondent contacts you via text, save all communication. Text messages can serve as key evidence of a violation.
If there are security cameras in your home or another location that captured the violation, this footage can be incredibly useful. For example, if the respondent shows up at your home or workplace, and security cameras record it, this footage can support your case.
If there were any witnesses to the violation, such as someone who saw the respondent show up at your location, their testimony can be valuable.
If the respondent caused property damage or was violent, photographs of any injuries or damage can help substantiate your claims.
In a case I handled, the father violated an order of protection by assaulting the mother in a barbershop. Fortunately, the entire incident was captured on the barbershop’s security cameras, providing undeniable, powerful evidence that was crucial in strengthening the case.
A lawyer can file a violation petition in Family Court, initiating a violation proceeding that could result in sanctions for the respondent, including jail time. However, the process in Family Court can be lengthy, as hearings are often scheduled months in advance. There’s not much that can be done to expedite this process.
If you need a quicker resolution, especially in urgent situations involving safety, going to the police is generally the fastest way to address the violation. The police can arrest the respondent immediately, ensuring your safety while the legal process unfolds.
Helping a client who feels intimidated or afraid to report a violation is an incredibly delicate matter. Orders of protection can provide some degree of legal protection, but in cases where the respondent is determined to disregard the order, the paper itself may not stop them.
In these situations, I always recommend involving the police first, especially if there’s an immediate danger. The police have the power to arrest and incarcerate the respondent, offering immediate protection. While Family Court can impose penalties, the process is often slow and may not provide the same level of immediate relief.
For more information on order of protection violations in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 212-5945 today.
Jeffrey Johnson, founder of the Law Office of Jeffrey W. Johnson in New York, has a strong track record protecting clients whose safety was threatened by violations of orders of protection. With years of experience in both Family Court and Criminal Court, he knows how to take swift, decisive action, whether through police involvement or court petitions, to ensure his clients are safeguarded. His ability to gather compelling evidence and navigate urgent legal situations has helped many regain peace of mind.
If your order of protection has been violated, Jeffrey will act quickly to protect you and deliver the results you need.
