Nassau County Order of Protection Defense
There are several different situations in which you might have an order of protection outlined against you. For example, if a victim of domestic violence alleges that you have stalked, harassed or threatened him or her, a protection defense order maybe put in place. This protection defense order can have negative implications for your life as well as for your family depending on the persons involved.
An order of protection refers to a court order established by a judge to protect a complainant in New York family court or New York Criminal Court. Furthermore, an order of protection may also be issued when an individual subject to the order of protection is not present in court. This is known as an ex parte order of protection. There are several different things that a complainant can accomplish with an order of protection. It can order an individual to stay away, prohibit him or her from committing criminal acts against the protected party and mandate that the person refrain from communicating with the protected party.
Any individual who is subjected to an order of protection also must surrender his or her firearms to the local police department. Any violation of an order of protection even if you do not agree on the grounds on which it was awarded, is the grounds for criminal or felony charges. Consulting with a Nassau County or Suffolk County order of protection defense attorney should be your first step when you believe that another party is going to pursue an order of protection against you.What You Must Know About Orders of Protection
Orders of protection in criminal court should prompt a phone call with a criminal attorney immediately so that you are clear about your rights and can avoid violating such an order. There are two primary types of orders of protection. If you are facing criminal charges like battery, assault, rape or endangering the welfare of a child, there is a good chance that an order of protection maybe involved in your case and you should schedule a consultation with a Nassau County criminal defense team immediately.
The first is known as a limited order of protection: this prevents the defendant from harassing, threatening or intimidating a complainant. In this situation, parties may be eligible to communicate freely and have contact so long there are no violations. In the stay-away order, however, the defendant must have no contact at all with the complainant which may include contact through third parties. The defendant is also responsible for staying away from any location that the complainant visits open, such as a school, work, or home.
If this order is violated by the defendant, the defendant is then arrested and can face a contempt of court charge and purposely violating such an order is classified as a misdemeanor. The duration for a protection order varies and this is often a confusing point for someone who does not realize that he or she has violated the existing order. A temporary order for protection will be in place over the course of an ongoing criminal case. It can expire at the next court hearing.
When a case concludes, however, the judge has the opportunity to issue an order of protection that will stay active for up to one year or even permanently. This depends on the potential for a future risk to the complainant. If you have found yourself a subject of an order of protection or have already been charged with contempt of court for violating an existing order, you should not hesitate to get help from an attorney who can assist you with protecting your rights.
Knowing what you can and cannot do under an order of protection and how to proceed if you have accused of violating one, is crucial for your rights particularly when you are concerned with additional criminal charges. Waiting too long to get help could compromise your ability to successfully fight off the consequences and other problems associated with an order of protection so do not wait to schedule a phone call today.
No one deserves to deal with the added complications of an alleged order of protection violation without the help of a lawyer who cares. Don’t wait to call a lawyer to assist you.