New York Order of Protection Frequently Asked Questions
An order of protection is the official name for court decrees that are generally referred to as restraining orders. Orders of protection might be issued from a variety of courts including family court, criminal court, and the New York Supreme Court. The order exists to limit any behaviors which have been construed as threatening to another individual. Typically, orders of protection involve orders to “stay away,” which means that you’re required to stay a specific distance from another individual at all times.
What Can Orders of Protection Do Besides Order You to Stay Away?
Every order of protection is unique and based on the judge’s discretion. The judge will put measures in place for the protection of the victim. The exact form these measures take will depend on the relationship that the two people have and the circumstances of the order. Orders of protection might force you to stay away from the family of the victim as well as the victim themselves. You might also be ordered to keep away from the pets of the victim. The order of protection might include orders for you in order to complete certain tasks like the payment of child support or the following of custody agreement terms.
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(212) 300-5196What Happens When an Order of Protection Is Violated?
Violation of an order of protection is a violation of the law. When you break an order of protection, you might be arrested and have criminal charges leveled against you. Even if no physical harm came to the person who you’re meant to be staying away from, you can still face criminal charges. If you break any of the terms in the order, you can be arrested. If you’ve been accused of breaking of a protection order, you need to find an experienced defense attorney to represent you in New York. Federal Lawyers is a group of NYC lawyers which have been practicing for more than forty years.
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Your ex-spouse was just granted a temporary order of protection against you in family court, and you received the paperwork stating you must stay 500 feet away from your former home and your children's school. You believe the allegations are exaggerated and worry this will affect your custody arrangement and your ability to see your kids.
Can I fight this order of protection, and what happens to my custody rights while it's in effect?
You have the absolute right to contest a temporary order of protection at a hearing, where the petitioner must demonstrate by a preponderance of the evidence that the protective order is warranted under New York Family Court Act Article 8. Until the order is modified or vacated, you must comply with every condition — even accidental violations can result in criminal contempt charges under New York Penal Law § 215.51, which carries up to four years in prison. An experienced attorney can petition the court to modify the order's terms to preserve your visitation rights, potentially requesting supervised visitation or neutral exchange locations so you maintain a relationship with your children while the case is pending. Acting quickly is critical because judges often give significant weight to the status quo established by temporary orders when making final determinations.
This is general information only. Contact us for advice specific to your situation.
