The Office for the Prevention of Domestic Violence in New York states that the number of issued protection orders is on a general uptrend. As a result, more people are at risk for future protection order violations. Those who face this threat should know that the consequences of protection order violations can be severe in New York. Education can help New Yorkers avoid needless consequences, but not if violations have already occurred. In this situation, it makes sense to speak with a criminal defense attorney in New York who has direct experience with protection order violations. Consider calling (845) 567-4820 to schedule a consultation at The Law Office of Benjamin Greenwald.
What Happens After a Protection Order in New York?
A preventative approach can help New Yorkers avoid protection order violations. The first and most obvious step is to become aware of how a protection order might restrict future contact and activities. These restrictions apply to a “respondent,” and they serve to protect a “petitioner.” In simple terms, a protection order prevents the respondent from coming into contact with the petitioner. However, the exact restrictions depend on each situation – and it is important to review the details of the protection order to avoid potential violations. If a respondent is unsure about the details or wording of their protection order, they may clarify points of confusion at The Law Office of Benjamin Greenwald.
For example, a protection order might state the respondent cannot come into contact with the petitioner without naming anyone else. Alternatively, the protection order might prevent the respondent from coming into contact with the family members or romantic partners of the petitioner. Often, protection orders involve probation supervision. The Office for the Prevention of Domestic Violence also states that a protection order could require the respondent to attend a mandatory “abusive partner intervention program.”
Protection Orders May Also Affect Gun Rights
Respondents must also be wary of possessing firearms. “Red Flag Laws” in New York can prevent certain people from possessing firearms via an “Extreme Risk Protection Order” (ERPO). Often, the person petitioning for an ERPO is the family member or dating partner of the respondent. If the respondent already owns a firearm, the ERPO can authorize law enforcement to enter their residence and forcibly confiscate their firearms. If the respondent has not yet purchased a firearm, they will be unable to do so after the ERPO goes into effect. The New York State Unified Court System notes that an ERPO is not the same as a “standard” protection order, and that it only prevents firearm possession/acquisition. An ERPO cannot prevent the respondent from coming into contact with the petitioner.
In addition, federal laws prevent firearm possession for anyone “subject to a domestic violence protection order.” The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) notes that only “qualifying protection orders” can prohibit firearm possession. The protection order must involve some kind of hearing that gives the respondent an “opportunity to participate” and tell their side of the story. The prohibition of firearm possession only applies to protection orders for “intimate partners,” including spouses, those who have lived together, or those who share children. A protection order must “restrain future contact” to prohibit firearm possession, and the respondent must represent a “credible threat” to the petitioner. In other words, federal law could prohibit firearm possession for respondents – even if New York state law does not.
What Are the Penalties for Protection Order Violations?
If a respondent violates a protection order, they could be subject to an arrest by law enforcement. They generally face a charge of “criminal contempt,” and this offense can trigger various penalties. New Yorkers should note that “contempt of court” is often associated with relatively light penalties, but more severe penalties generally apply to protection order violations. Someone might be held in “contempt of court” for being rude or disruptive during a hearing or trial – and penalties for this offense could be minimal. On the other hand, criminal contempt in the second degree is a class A misdemeanor in New York with a maximum one-year jail sentence and a fine of up to $1,000.
Respondents might also face criminal contempt in the first degree for protection order violations. This is a Class E felony with a maximum prison sentence of four years and a fine of up to $5,000. Criminal contempt in the first degree applies to protection order violations that also cause petitioners to fear for their safety. This offense often involves the brandishing of firearms, threats, and other dangerous behavior. Finally, a respondent might face a Class D felony for aggravated criminal contempt. This charge applies if the respondent violated the protection order while also causing physical harm to the petitioner, and it could trigger a maximum seven-year prison sentence.
Defense Strategies for Protection Order Violations
Prosecutors must establish intent in order to convict people of protection order violations. In other words, they must show that the respondent knowingly violated the terms of the court order. Respondents may argue that they accidentally came into contact with the petitioner. For example, a respondent might coincidentally pass the petitioner on a busy street. With no clear proof of intent, it may be difficult to convict a respondent of criminal contempt.
A petitioner might also falsely accuse a respondent of violating the protective order. If there was no contact, it should be relatively easy to avoid criminal consequences with help from an experienced lawyer. Prosecutors must establish guilt beyond reasonable doubt, and a non-existent violation is unlikely to provide them with sufficient evidence.
Discuss Defense Strategies at The Law Office of Benjamin Greenwald
While protection order violations can lead to serious legal consequences, these consequences are far from guaranteed. Those who face this charge may want to discuss potential defense strategies alongside an experienced legal professional. Defendants might find it difficult to formulate effective strategies simply by reading online articles. Defense lawyers in New York may be able to tailor their strategies to the unique circumstances of each situation, and no amount of reading can provide this type of personalized guidance. To learn more about the next steps, consider calling The Law Office of Benjamin Greenwald at (845) 567-4820.
