Consequences of Violating an Order of Protection in Queens

Consequences of Violating an Order of Protection in Queens

If you’ve been served with an order of protection in Queens, New York, it’s crucial that you understand the serious consequences of violating it. An order of protection, also known as a restraining order, is a legal document issued by a court that prohibits an individual from engaging in certain behaviors, such as contacting or coming within a specified distance of the protected person. Violating an order of protection can result in severe legal penalties, including fines, probation, and even imprisonment.

According to FindLaw, violating an order of protection is considered a criminal offense in most states, including New York. In Queens, a violation of an order of protection is typically charged as a misdemeanor, which carries a maximum sentence of one year in jail and a fine of up to $1,000. However, if the violation involves physical violence or the threat of violence, it may be charged as a felony, which carries even harsher penalties.

It’s important to note that an order of protection can be issued in a variety of situations, such as domestic violence, stalking, or harassment. If you’ve been served with an order of protection, it’s essential to read it carefully and understand the specific behaviors that are prohibited. Some common restrictions include:

• Contacting the protected person by phone, email, or social media
• Coming within a certain distance of the protected person’s home or workplace
• Possessing firearms or other weapons
• Threatening or harassing the protected person

If you violate any of the terms of the order of protection, even if it’s unintentional, you can face serious legal consequences. For example, if you accidentally run into the protected person at a store or restaurant, you could be charged with a violation of the order. Similarly, if you send a text message or email to the protected person, even if it’s just to apologize or try to reconcile, you could be arrested and charged with a crime.

In addition to the legal penalties, violating an order of protection can also have serious personal and professional consequences. A conviction for violating an order of protection will appear on your criminal record, which can make it difficult to find employment, housing, or obtain certain licenses or permits. It can also damage your reputation and relationships with family and friends.

If you’ve been accused of violating an order of protection in Queens, it’s essential to seek the advice of an experienced criminal defense attorney as soon as possible. An attorney can review the specifics of your case and help you understand your legal options. They can also represent you in court and work to minimize the potential consequences of a conviction.

According to Avvo, some possible defenses to a charge of violating an order of protection include:

• The alleged violation was unintentional or accidental
• The order of protection was improperly served or was not in effect at the time of the alleged violation
• The alleged violation did not actually occur
• The order of protection was based on false allegations or was improperly granted

However, it’s important to note that these defenses may not always be successful, and it’s best to avoid violating an order of protection altogether. If you have questions about the terms of an order of protection or need help understanding your legal obligations, it’s important to consult with an attorney as soon as possible.

Resources

If you or someone you know is facing charges for violating an order of protection in Queens, there are several resources available to help:

• New York City Family Justice Centers – Provides free and confidential assistance to victims of domestic violence, including legal support, counseling, and safety planning.
• Legal Aid Society – Offers free legal representation to low-income individuals facing domestic violence charges or seeking orders of protection.
• New York State Unified Court System – Provides information and resources for individuals seeking or responding to orders of protection in New York.

Additional Reading

• New York City Bar Association – Orders of Protection
• New York State Unified Court System – Frequently Asked Questions about Orders of Protection
• WomensLaw.org – New York Restraining Orders

It’s important to remember that violating an order of protection is a serious offense that can have significant legal and personal consequences. If you’ve been served with an order of protection, it’s crucial to understand your legal obligations and seek the advice of an experienced attorney if you have any questions or concerns. By taking steps to comply with the terms of the order and avoid any potential violations, you can protect yourself and your future.