Criminal Defense Lawyers

Can You Be Arrested for Violating a Court Order in New York?

Can You Be Arrested for Violating a Court Order in New York?

ABSOLUTELY. Violating a court order in New York is a serious offense that can lead to your arrest and severe legal consequences. At Spodek Law Group, we’ve seen firsthand how a simple mistake or misunderstanding can spiral into a criminal contempt charge. Let’s break down what you need to know about court order violations in New York and how our experienced attorneys can help if you find yourself in this situation.

Understanding Court Orders in New York

Court orders come in various forms – restraining orders, orders of protection, custody agreements, and more. Regardless of the type, ALL court orders carry the full weight of the law behind them. When a judge issues an order, it’s not a suggestion – it’s a legally binding mandate that must be followed to the letter.Some common types of court orders in New York include:

• Orders of protection (restraining orders)
• Child custody and visitation orders
• Spousal or child support orders
• Probation conditions
• Divorce decrees

Violating ANY of these orders, even unintentionally, can land you in hot water with the law. That’s why it’s crucial to fully understand the terms of any court order you’re subject to. If you’re unsure about what an order allows or prohibits, don’t guess – consult with one of our knowledgeable attorneys to clarify the terms.

Consequences of Violating a Court Order in New York

So what happens if you do violate a court order in New York? The short answer is: nothing good. Depending on the nature and severity of the violation, you could face:

• Arrest and criminal charges
• Fines up to thousands of dollars
• Jail time (up to 7 years for serious violations)
• Additional restrictions or penalties
• Negative impact on custody/visitation rights
• Damage to your reputation and record

The specific consequences will vary based on factors like:

• The type of order violated
• Your criminal history
• The circumstances of the violation
• Whether it was a first-time or repeat offense

For example, violating an order of protection is often charged as Criminal Contempt in the Second Degree, a Class A misdemeanor punishable by up to 1 year in jail. But aggravated circumstances or repeat violations can bump it up to Criminal Contempt in the First Degree – a felony carrying up to 4 years in prison.Here’s a breakdown of potential penalties:

As you can see, the stakes are high when it comes to court order violations. That’s why it’s CRITICAL to have skilled legal representation if you’re accused of violating an order.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Can You Be Arrested for Violating a Court Order?

ABSOLUTELY YES. In New York, police have the authority to arrest you on the spot if they have reasonable cause to believe you’ve violated a court order, especially an order of protection. In fact, for certain domestic violence-related orders, arrest is mandatory if there’s evidence of a violation.Here’s an example scenario: Let’s say John is subject to an order of protection prohibiting him from contacting his ex-wife, Sarah. One night, John has a few drinks and decides to call Sarah to try to reconcile. Sarah reports the call to the police. Even if John made no threats and the call was brief, he could be arrested for violating the no-contact provision of the order.It’s important to understand that ANY violation, no matter how minor it may seem, can result in arrest. The police don’t have discretion in many of these cases – if there’s evidence of a violation, they MUST make an arrest.

Defenses Against Court Order Violation Charges

If you’ve been accused of violating a court order, DON’T PANIC. There may be valid defenses available, depending on the circumstances. Some potential defenses we’ve successfully used for our clients include:

• Lack of knowledge: You weren’t properly served with or informed of the order
• Unintentional violation: The violation was accidental or due to a misunderstanding
• False accusation: The alleged violation didn’t actually occur
• Emergency circumstances: The violation was necessary due to an emergency situation
• Consent of the protected party: In some cases, if the person protected by the order consented to contact

It’s crucial to note that THESE DEFENSES ARE COMPLEX and require skilled legal argumentation to be effective. Never attempt to argue these defenses on your own – you need an experienced attorney to present them properly in court.

How Spodek Law Group Can Help

If you’re facing charges for violating a court order in New York, you need aggressive and experienced legal representation. At Spodek Law Group, we have a proven track record of defending clients against court order violation charges. Here’s how we can help:

1. Immediate intervention: We’ll work quickly to mitigate the immediate consequences and potentially avoid or reduce charges.
2. Thorough investigation: Our team will gather all relevant evidence and interview witnesses to build the strongest possible defense.
3. Negotiation with prosecutors: In many cases, we can negotiate with the DA’s office to reduce charges or penalties.
4. Skilled courtroom advocacy: If your case goes to trial, we’ll provide aggressive representation to protect your rights and freedom.
5. Long-term strategy: We’ll work to minimize the impact on your record and future opportunities.

Remember, a court order violation charge doesn’t have to ruin your life. With the right legal team on your side, you can fight these charges and move forward.DON’T WAIT – if you’ve been accused of violating a court order, contact Spodek Law Group immediately at 212-300-5196. Our experienced attorneys are standing by to help protect your rights and freedom.

Preventing Court Order Violations

The best way to avoid the serious consequences of violating a court order is, of course, to comply fully with its terms. Here are some tips to help you stay on the right side of the law:

1. Understand the order completely: Make sure you know exactly what is and isn’t allowed. If anything is unclear, ask your attorney for clarification.
2. Keep a copy of the order with you: This can help you quickly reference the terms if you’re unsure about something.
3. Avoid gray areas: If you’re not sure if an action would violate the order, err on the side of caution and don’t do it.
4. Communicate through proper channels: If you need to communicate with someone protected by an order (e.g., about child custody), use only court-approved methods.
5. Seek modification if needed: If the order is creating undue hardship, work with your attorney to seek a legal modification rather than violating its terms.

Remember, EVEN ACCIDENTAL VIOLATIONS CAN HAVE SERIOUS CONSEQUENCES. It’s always better to be overly cautious than to risk violating a court order.

Conclusion: Don’t Face Court Order Violations Alone

Violating a court order in New York is a serious matter that can result in arrest, criminal charges, and severe penalties. If you’ve been accused of violating an order, or if you’re unsure about the terms of an order you’re subject to, don’t take chances with your freedom and future.At Spodek Law Group, we have the experience, knowledge, and aggressive advocacy skills to help you navigate these complex legal waters. We understand the nuances of New York law and how to build effective defenses against court order violation charges.DON’T WAIT UNTIL IT’S TOO LATE – contact Spodek Law Group today at 212-300-5196 for a confidential consultation. Let us put our expertise to work for you and help protect your rights, your freedom, and your future.Remember, when it comes to court order violations, the stakes are too high to go it alone. Trust the experienced team at Spodek Law Group to fight for you every step of the way. Your future may depend on it.