Facing Violation of Orders of Protection & Criminal Contempt Charges in New York?

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Orders of Protection, Restraining Orders, and Criminal Contempt

In New York, these terms – orders of protection, restraining orders, and criminal contempt – are generally interchangeable.  These instruments have even been referred to as stay-away orders.  Ultimately, individuals have the right and the authority to petition either a family (civil) court or law enforcement (criminal court) to secure an order of protection against another. 

Civil Court Order of Protection

Almost anyone in New York can have a lawyer help them petition a supreme, civil, or family court for an order of protection. While this is not through a criminal proceeding, the effect is the same - the person petitioning for an order of protection, if successful, will have a Judge issue a legal instrument which instructs another to refrain from contact, whether in person or electronically.  Importantly, this document in and of itself can be useful in the event that the person violates this order - if so, the matter would now be referred to law enforcement due to a violation of an order of protection or criminal contempt. 

A civil order of protection has the same force in effect and generally does the same prohibition as the criminal order. It is generally issued by the family court instead of by criminal courts.  A family court judge has the authority to issue a family court order of protection. The standard of proof required to obtain that order is different. In a criminal case, the standard of proof is beyond a reasonable doubt and in a civil case, it is by a preponderance of the evidence.

If an individual goes to the criminal court system, institutes charges against somebody, makes the claim for the police and that person gets arrested but there is not enough evidence to convict that person, the order of protection goes away.  The complainant in that case can go to family court and file a petition for family court of protection based on the relationship of the parties. They can potentially obtain a family court order of protection if the evidence is sufficient.

Full Orders of Protection vs Limited Orders of Protection

Restraining order attorneys commonly see a full order of protection or a limited order of protection filed. A full order of protection admonishes a defendant to sever any and all contact with the complainant or the person who is protected by the order for as long as the order is in effect. That means that they cannot go to that person’s house, school, or place of business.

They cannot call that person, text them, email them, tweet at them, post on their Facebook wall, have any social media interaction, or get another person to contact them on their behalf. The full stay away order means that a person cannot have any contact or initiate contact, whether it is through one’s self or through somebody else.

A limited order of protection, on the other hand, limits the mandate in some way. Oftentimes, if two individuals live at the same building, a Judge may “limit” the order to incidental contact at the building.  If a criminal order of protection is taken out, but the two individuals have an ongoing family court proceeding, a criminal judge may “limit” this order subject to family court.

Criminal Court Order of Protection

If an individual violates a civil court stay-away restraining order, or if an individual is arrested for harassing, menacing, or assaulting another, a criminal court Judge will issue a criminal court order of protection.  This order, too, mandates that an individual refrain from any contact with the party in which the order is in favor. This means no third party contact, no electronic communication, no stalking or harassing. 

Violation of Orders of Protection Charges in New York

Pursuant to New York Penal Law § 215, orders of protection are legal safeguards issued by the court to protect individuals from harassment, abuse, or threats. Violating an order of protection can lead to criminal charges and significant legal repercussions.

In New York, a court-issued Order of Protection prohibits an individual from committing certain acts to or around the person who requested protection. A full order (or stay away order) bans all forms of contact while a limited one only prohibits certain behaviors or simply subjects the full order to any subsequent conditions and carve-outs implemented by a family court.

Orders of Protection are typically associated with domestic violence offenses such as stalking and assault, but can also be issued in situations involving reckless endangerment, assault, and disorderly conduct. Examples of restricted behaviors include:

• Coming within a certain distance of the victim
• Going to the victim’s home, workplace, or school
• Owning weapons
• Calling, emailing, or sending letters to the victim
• Sending messages to the victim through third parties
• Living with the victim

Criminal Contempt Charges in New York

Contempt comes in many forms. In its most classic version, contempt may occur within the courtroom, whereby a judge deems you in contempt for disorderly conduct or for deliberately resisting or disobeying a court order. More often than not, the courtroom contempt is seen within the federal realm, where a witness previously issued a subpoena refuses to answer questions and refuses to participate in a federal grand jury inquiry.

When an individual is alleged to have violated an order of protection, criminal contempt charges will be brought. These charges can vary in degree depending on the facts surrounding the violation. 

There are different degrees of criminal contempt:

• Criminal Contempt in the Second Degree: This is a misdemeanor and can involve actions like disobeying a court order.
• Criminal Contempt in the First Degree: This is a felony and is more serious, often involving threats to a judge or disruption of court proceedings.

Consequences can include fines, imprisonment, or both, depending on the severity of the contempt.

As it relates to disorderly conduct within the courtroom setting, if an individual refuses to be sworn in as a witness, refuses to answer proper and legal questions, misbehaves while court is in session, indulges in public demonstrations while call the court’s integrity into question, or publishes grossly inaccurate reporting of a proceeding, a second-degree contempt charge will follow.

What many recipients do not understand is that the person protected by an order of protection does not have the authority to permit the defendant to disobey it. An order can only be modified or vacated by the court. This means that if the person who took out the order against you changes their mind and decides to communicate with you, then you can be arrested for criminal contempt if you respond.

Sentencing & Penalties in New York

Given the various degrees of criminal contempt and protection order violations, sentencing options may range greatly. While these may not, in a vacuum, be cases which lead to prison, prosecutors in New York and beyond typically proceed with caution with such cases as they typically involve romantic relations or ex-partners. Often times, contempt charges are just one piece of the equation, and the true underlying charge (i.e., sexual assault, domestic violence assault, or stalking) will carry an enhanced penalty.

How We Fight Orders of Protection and Contempt Charges in New York

Contempt charges and orders of protection are complex legal matters that require the expertise of a knowledgeable and experienced federal criminal lawyer. Whether you find yourself facing contempt allegations or dealing with an order of protection, it is crucial to have a legal professional by your side who specializes in federal criminal law.

Many times, creative defense attorneys can and will put for a powerful mitigation package in an effort to obtain a more lenient sentence. These materials include character letters, medical reports, and other mitigating material. 

Finally, and more importantly, an experienced defense lawyer will hone in on the underlying charges which led to the contempt charge in order to lessen one’s sentencing exposure.

Your Defense Begins Now

If you are being prosecuted for criminal contempt or are alleged to have violated a criminal or family court order of protection, hire a former prosecutor and seasoned defense attorney who has dealt with these charges on both sides of the courtroom. Being charged with violating a court’s order is serious, but is only one small piece of the puzzle. What your defense attorney does afterwards, by way of investigation and creative advocacy, will both increase your chances of successfully walking away from these accusations and shape the rest of your life.

Contempt charges and orders of protection can have significant consequences, impacting your personal and professional life. Hiring a skilled federal criminal lawyer is essential to navigate these complex legal matters effectively. They will provide you with valuable guidance, protect your rights, and build a strong defense on your behalf. By having a trusted legal advocate by your side, you increase your chances of a positive outcome and safeguarding your future. The sooner you put your case in the hands of an experienced criminal defense lawyer, the more likely your matter will end favorably. To hire a Top Federal Criminal Lawyer in NYC contact The Law Offices of Jason Goldman.