How Brooklyn Criminal Defense Attorneys Can Help with Restraining Orders and Orders of Protection

How Brooklyn Criminal Defense Attorneys Can Help with Restraining Orders and Orders of Protection

If you have a restraining order or order of protection filed against you, it can feel scary and overwhelming. But working with an experienced Brooklyn criminal defense attorney can help protect your rights and avoid unfair penalties.

This article explains what restraining orders and orders of protection are, when they are used, and most importantly – how a good defense lawyer can assist if you find yourself in this situation.

What are Restraining Orders and Orders of Protection?

A restraining order and order of protection are legal orders issued by a judge that restrict contact and communication between people. They are frequently used in cases involving:

• Domestic violence
• Stalking
• Harassment
• Child abuse

The orders are intended to protect victims from further harm or threats. They can prohibit the restrained person from contacting the protected party in person, by phone, email, through social media, or through third parties.

Restraining orders also often restrict being within a certain distance of the protected person – like their home, workplace, or school. The orders remain in effect for a set time period, or indefinitely.

How Defense Lawyers Assist with Restraining and Protection Orders

If you’ve had a restraining or protective order filed against you, it’s essential to take it seriously and get qualified legal help. A knowledgeable Brooklyn criminal defense attorney can assist by:

Representing Your Side in Court

Your attorney can speak on your behalf in court hearings related to the restraining order. They will advise you on how to respond to accusations and present facts and defenses that tell your side of the story.

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2024-03-21

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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.

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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!

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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.

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2024-03-12

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2024-02-28

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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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Negotiating the Terms of the Order

Defense lawyers are experienced negotiators. Your attorney may be able to negotiate the terms of the restraining order to be less restrictive if they are able to show it is excessive or unnecessary.

Getting an Unfair Order Dropped

If there are good grounds showing the order was based on false accusations or improper reasons, your lawyer can petition the court to get the order dropped entirely.

Avoiding Violations and Penalties

Your attorney will clearly explain what you can and cannot do under the order. They will advise you on steps to take so you avoid violations and penalties.

Common Defenses Against Restraining and Protective Orders

There are a number of defenses a skilled defense attorney may use in restraining order cases. Some common ones include:

False Accusations

If the restraining order petition contains false allegations, inaccuracies, or misleading statements, your attorney can point those out to the judge and request dismissing the order.

Order is Unnecessary or Excessive

Your lawyer may argue the protection order restrictions are too broad or severe given the circumstances. They may be able to get the order modified to be less limiting.

You Did Not Actually Violate the Order

Sometimes alleged “violations” are misunderstandings or coincidental contacts. Your attorney can demonstrate to the court you did not knowingly violate the restraining order.

Examples of Defense Lawyers Getting Orders Dropped or Modified

Here are some examples of how skilled defense attorneys have successfully fought restraining and protective orders:

Order Based on False Police Report

A woman filed a police report falsely accusing her ex-boyfriend of threatening her. She used the report to obtain a restraining order against him. His lawyer was able to prove from phone records and witness statements that the man was out of state on the date of the alleged threat. The order was dismissed.

Order Was Excessively Broad

A man had a protection order filed against him by his brother’s ex-wife that prohibited him from contacting her or his brother. His attorney demonstrated that he had no history of violence or harassment against the woman. The judge agreed the order was too broad, and modified it to only prohibit contact with the ex-wife.

Technical Violation Due to Shared Residence

A woman had a restraining order against her child’s father. They unintentionally had contact when he went to collect his belongings from their formerly shared residence. His lawyer was able to prove to the judge the violation was unintentional, and the charges were dropped.

Penalties for Violating Restraining and Protective Orders

It’s very important to understand that violating a restraining or protective order is a criminal offense. Depending on the circumstances, penalties can include:

• Fines up to $1000
• Jail time up to 6 months
• Community service
• Probation

Subsequent violations often carry stiffer penalties. Hiring an attorney to prevent violations can help avoid these serious consequences.

The Pros and Cons of Restraining and Protective Orders

There are good reasons restraining and protection orders exist – primarily to protect victims of domestic abuse and stalking. However, critics argue they can sometimes be misused or overused. Some pros and cons include:

Potential Pros

• Protect victims from further harm
• Can provide safety and peace of mind
• Deter stalking, harassment, and violence
• Allow time apart for high-conflict relationships

Potential Cons

• Can be improperly used in custody disputes
• May involve false or exaggerated accusations
• Can unfairly restrict person’s rights
• Hard to remove once granted

Consult an Attorney Before Ignoring an Order

Only a judge can modify or dismiss a restraining or protective order. The police must enforce the order as written. It’s never advisable to simply ignore an order you feel is unfair or excessive.

Instead, immediately consult with an experienced Brooklyn criminal defense lawyer. They have the skills to protect your rights and advocate for your best interests.

A Lawyer Can Help Avoid Unfair Penalties

Having a restraining order issued against you does not automatically make you guilty of abuse or harassment. Unfortunately, restraining orders can sometimes be obtained based on false allegations, misunderstandings, or as tactics in personal conflicts.

A qualified attorney can put the accusations against you in proper context to show you are not a threat. In many cases, they can get unfair orders modified or vacated, and avoid penalties for innocent violations.

Don’t take chances with your reputation, family, career, freedom, or finances. Work with an experienced Brooklyn defense lawyer to resolve the situation in the best possible way.