If an order of protection was issued against you in New York, understanding your legal obligations and what could happen if you violate the terms of the court order is crucial. Disobeying an order of protection can result in significant penalties, including steep fines and imprisonment. Please continue reading as we explore when protective orders are issued, the potential penalties for violations, and the importance of connecting with our experienced Nassau County Criminal Defense Attorneys during these difficult times. 

What is an Order of Protection?

If an order of protection, also known as a restraining order, has been served against you, it’s crucial to avoid any contact with the protected individual, even if you believe the order is unnecessary, don’t understand its basis, or want to explain that you never intended any harm. Any contact with the protected individual, regardless of your intentions, could result in serious consequences.

In simple terms, an order of protection is a court order that limits or prohibits certain behaviors of one person toward another, usually protecting them from harm. It’s advisable to look at it like a legal shield restricting actions like contact, threats, harassment, and violence. These orders are generally issued in cases of domestic violence within a family or relationship, an ongoing divorce, or a condition of a defendant’s release or bail in a criminal case. These orders can prohibit things like:

  • Communicating with the protected person
  • Coming within a certain distance of the protected person or their home, school, or workplace
  • Committing further acts of violence or harassment
  • Possessing firearms
  • Leave a shared residence

It’s important to understand that engaging in any prohibited conduct while an order of protection is in effect can result in criminal charges.

What Are the Potential Penalties for Violating a Protective Order in New York?

Violating an order of protection is a serious offense in New York. Under New York Penal Law 215.50(3), if you violate a protective order, whether temporary or final, you are guilty of criminal contempt in the second degree.

If you violate a protective order, the victim can contact the police, and you will be placed under arrest if there is probable cause to believe that you violated the court order. It’s important to note that additional charges can be filed if you commit any other crimes, like stalking or assault, for example. Victims can also file a violation petition in family court. If a violation is found, the judge can impose various penalties, including changes to custody or visitation, hefty fines, or even jail time.

Criminal contempt in the second-degree is a class A misdemeanor, which carries a maximum penalty of one year in jail and a fine of $1,000. Criminal contempt in the first-degree carries harsher penalties as it’s classified as a class E felony, which is punishable by up to four years in jail and a fine of $5,000. You should note that aggravated criminal contempt is a class D felony, which is punishable by a potential sentence of up to seven years in prison and a fine of $5,000.

If you have been accused of violating a protective order in New York, it’s crucial to remember you are not alone. At KCS Law, we are prepared to defend your rights and interests. Connect with our legal team today for guidance and skilled representation.