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There are many reasons a restraining order can be put in place. But regardless of why it’s there, if you are charged with violating it, you are facing serious criminal contempt charges and legal consequences in New York state.
Restraining orders can be issued in error or in circumstances that aren’t legally warranted or appropriate.
The default action is typically to issue the order, in an effort to protect the alleged victim, especially if no one initially challenges it.
We can challenge the issuance of a restraining order on many different grounds, even if it has already been issued.
However, if such an order is in place, until a New York court vacates a restraining order, you must abide by its terms.
Even if you believe the restraining order is wrong or unfair, you must follow it.
What does a Restraining Order Restrict?
Restraining orders can do many things:
- Limit proximity to someone
- Limit proximity to a place (home, job)
- Order you to turn in weapons
- Prohibit phone calls
- Prohibit letters and emails
- Prohibit 3rd party messages
What Is the Penalty for Violation of a Restraining Order in New York?
If you violate any of the terms of a protection or restraining order you can be charged with criminal contempt of court.
In most situations, violation of a protection order in New York constitutes Criminal Contempt in the 1st Degree.
This offense is a Class E felony punishable by up to 4 years in prison.
Ref: 3 NYPEN 215.51
Other Consequences of a Restraining Order
If the restraining order was put in place because of pending domestic violence charges, this additional charge will not help your case. A felony charge or conviction on your plate could be devastating to any hope you have of getting the order lifted or getting custody of your children.
Aside from the possibility of potential prison term, violating a protection order can jeopardize your family relationships and your day to day life in many ways.
Free Consultation on Restraining Order Violation / Criminal Contempt Charges in NY
We will aggressively defend you in court and do everything in our power to get you the fair results you deserve. Contact us to discuss your case today. We are interested in what brought the order about initially as well as what led to this latest charge of an alleged violation.
The case evaluation is free.
Call (888) 435-4744 today for help with a restraining order in New York.
Whether you are facing a violation, or feel that the order is improper and what to argue that it should be removed, we can help.