Understanding your legal obligations and the potential consequences of violating an order of protection is critical. If you have been accused of violating an order of protection, seek immediate guidance from a skilled Rockland County Criminal Defense Attorney for legal advice and representation. Please continue reading as we explore the potential penalties you can face for violating a protective order in New York.
What is an Order of Protection?
An order of protection, also known as a restraining order, is a court order that is issued to protect individuals from harm. It’s imperative to comply with the terms to avoid facing criminal charges and other serious reprecussions. An order of protection may be issued in cases of domestic violence, a condition of a defendant’s release or bail, or an ongoing divorce. It’s designed to address safety concerns. As such, a protective order can either be temporary or final.
A temporary order is usually ordered when a victim files, especially if the judge believes there is good cause to do so. It protects until an investigation can be conducted and the case can be heard in court. It generally only lasts from one court date to the next. A final order, on the other hand, is issued after a hearing in which the judge makes a final determination about the case. A final order can potentially last for one or more years, depending on the unique circumstances and the severity of the case. In New York, a final order of protection may last up to five years, however, they are typically granted for up to two years.
What Are the Penalties for Violating a Protective Order in NY?
In New York, violating an order of protection is a criminal offense that carries harsh consequences. The specific charges and associated penalties can vary depending on the nature and severity of the violation. A violation of a protective order typically falls under the category of criminal contempt:
- Second-Degree Criminal Contempt: This applies to situations where the violation does not involve violence, threats, or intimidation. The penalties for a class A misdemeanor can include up to one year in jail, probation, fines of up to $1,000, and a criminal record.
- First-Degree Criminal Contempt: This applies when the violation involves aggravating factors, such as violence, threats, or intimidation. A class E felony conviction is punishable by a prison sentence of up to four years, along with other penalties such as probation and fines of up to $5,000.
- Aggravated Criminal Contempt: This is an even more serious charge, a class D felony, which can result in a potential sentence of up to seven years in prison and a steep monetary fine.
It’s important to note that in addition to the criminal penalties, a conviction for violating an order of protection can have serious consequences, including negatively impacting child custody and visitation rights, making it difficult to find or maintain employment, and affecting housing options.
If you have been accused of violating an order of protection in New York, it’s in your best interest to connect with an experienced attorney from The Law Office of Carl Spector, who can help defend your rights. Connect with our firm today to learn how we can fight for you.
