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What to Do if You Violated a Restraining Order in Queens
What to Do if You Violated a Restraining Order in Queens
If you’ve been accused of violating a restraining order in Queens, it’s important to take the situation seriously and seek legal help right away. Violating a restraining order can result in criminal charges, fines, and even jail time. In this article, we’ll go over what you need to know if you find yourself in this situation.
Understanding Restraining Orders
First, let’s clarify what a restraining order is. A restraining order, also known as an order of protection, is a court order that prohibits someone from contacting or coming near another person. There are two main types of restraining orders in New York:
- Family Court Orders of Protection: These are issued in cases involving domestic violence, child abuse, or other family offenses.
- Criminal Court Orders of Protection: These are issued in criminal cases where the defendant is accused of stalking, harassment, assault, or similar offenses.
Restraining orders typically prohibit the restrained party from contacting the protected party in any way, including by phone, email, text message, or social media. They also usually require the restrained party to stay a certain distance away from the protected party’s home, workplace, school, or other frequented locations.
What Constitutes a Violation?
A restraining order violation occurs when the restrained party fails to comply with the terms of the order. Some common examples of violations include:
- Contacting the protected party by phone, email, text message, or social media
- Showing up at the protected party’s home, workplace, school, or other prohibited location
- Sending gifts, letters, or packages to the protected party
- Having a third party contact the protected party on your behalf
It’s important to note that even if the protected party initiates contact or agrees to see you, you can still be charged with a violation if you engage with them. The order is binding on you, not the protected party.
Consequences of a Violation
Violating a restraining order is a serious offense that can result in criminal charges. In New York, a first offense is usually charged as a class A misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. A second offense within five years can be charged as a class E felony, punishable by up to four years in prison.
In addition to criminal penalties, violating a restraining order can also have other consequences, such as:
- Loss of child custody or visitation rights
- Difficulty finding employment or housing
- Damage to your reputation and personal relationships
What to Do if You’re Accused of a Violation
If you’ve been accused of violating a restraining order, the first thing you should do is contact a criminal defense attorney who has experience handling these types of cases. Your attorney can review the allegations against you, advise you of your rights, and help you build a defense.
Some possible defenses to a restraining order violation charge include:
- Lack of notice: If you were not properly served with the restraining order, you may be able to argue that you did not have notice of its terms.
- Lack of intent: If you accidentally or unintentionally violated the order, such as by running into the protected party in a public place, you may be able to argue that you lacked the necessary intent for a criminal conviction.
- False allegations: If the protected party falsely accused you of a violation, your attorney may be able to gather evidence to disprove their claims.
It’s important to be honest with your attorney about the circumstances of the alleged violation so they can provide you with the best possible defense. You should also avoid any further contact with the protected party, even if they reach out to you first.
Modifying or Terminating a Restraining Order
In some cases, it may be possible to modify or terminate a restraining order if circumstances have changed since it was issued. For example, if you and the protected party have reconciled and wish to resume contact, you may be able to petition the court to lift the order.
However, modifying or terminating a restraining order can be a complex process that requires navigating the legal system. It’s best to consult with an attorney who can advise you on the proper steps to take and represent your interests in court.
Preventing Future Violations
If you have a restraining order against you, it’s crucial to take steps to avoid future violations. Some tips include:
- Carefully review the terms of the order and make sure you understand what is prohibited
- Avoid any contact with the protected party, even if they initiate it
- Stay away from locations where you know the protected party is likely to be
- Consider seeking counseling or anger management classes to address any underlying issues
By being proactive and taking responsibility for your actions, you can reduce the risk of future legal problems and work towards putting the situation behind you.
Resources
If you’re dealing with a restraining order violation in Queens, there are resources available to help you:
- NYC Family Court: Domestic Violence FAQ
- NYPD: Restraining Orders
- Legal Aid Society: Orders of Protection
- NYCourts.gov: Domestic Violence
For more information on restraining orders and domestic violence, check out these additional resources:
Conclusion
Violating a restraining order is a serious matter that can have significant legal and personal consequences. If you find yourself in this situation, it’s essential to seek experienced legal representation right away. With the right guidance and support, it may be possible to resolve the matter and move forward with your life. Remember, there is help available, and you don’t have to face this challenge alone.