Penalties For Violating An Order Of Protection In New York
If you are being accused of violating an order of protection in New York, it is vital that you contact a criminal defense attorney as soon as possible. You could face up to seven years in prison if convicted of violating an order of protection, so it is imperative that you don’t hesitate to contact an attorney who can help you fight your charges.
What Is an Order of Protection?
An order of protection is an order that can be issued either in a family or criminal court. However, regardless of whether an order of protection is given in a family or criminal court, the respondent must abide by the terms and conditions set out by the court. Often, an order of protection will require a respondent to comply with, among many others, the following terms and conditions;
- Stay away from the petitioner or within a certain distance of the petitioner.
- Stay away from the petitioner’s home, school, or workplace.
- Avoid communicating with the petitioner through calls, emails, or letters.
- Avoid communicating with the petitioner through third parties.
Courts grant orders of protection under different circumstances. A New York court will issue an order of protection if, among many others, any of the following has occurred;
- Domestic violence
- Assault/Attempted assault
- Disorderly conduct
Penalties for Violating an Order of Protection
As already mentioned, after an order of protection is issued, the defendant must abide by the terms and conditions of the order. Failing to obey an order of protection can result in harsh legal consequences. If a person fails to follow the terms of an order of protection, they could be sentenced to jail and made to pay huge fines.
In a criminal court, the offense of violating a New York order of protection will most likely be charged as a crime known as criminal contempt in the first degree. In the state of New York, criminal contempt in the first degree is a class E felony. This type of crime is punishable by up to four years in jail and a fine of up to $5,000.
An individual found guilty of violating an order of protection in New York can also be charged with criminal contempt in the second degree. This type of crime is a class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $1,000.
Additionally, in New York, depending on the facts surrounding a case, it is possible for a person convicted of violating an order of protection to spend up to seven years in prison. You could spend up to 7 years in jail for violating a New York order of protection if your criminal contempt charge becomes aggravated. For example, a criminal contempt charge can become aggravated if you recklessly or deliberately cause physical harm to the victim.
In conclusion, you should note that, even if you believe the order of protection that was taken against you is unjustified, you are not allowed to go against its terms. Additionally, the person who requested the order of protection cannot allow you to disobey the order.
Contact an NYC Criminal Defense Attorney
If you are being accused of violating a New York order of protection, contact the experienced NYC criminal defense attorney Mark I. Cohen to discuss your case. Call 212-732-0002 today to schedule a consultation.