What Are Your Defenses When Accused Of Violating An Order Of Protection?
An Order of Protection is a court order in which a judge orders a person to follow specific conditions of behavior. Specifically, it is an order in which a judge directs a person to avoid doing certain things against the alleged victim. For example, in this Order, a judge can direct the defendant to stay within a certain distance of the alleged victim. After an Order of Protection has been issued, the defendant has the responsibility of following it. If a defendant fails to follow an Order of Protection, it is called Contempt of Court. The offense of violating an Order of Protection is often considered criminal contempt in the first degree. This offense is punishable by jail time and/or a fine. If you have been accused of violating an Order of Protection, it is crucial that you contact a qualified attorney. An attorney skilled in defending accusations of violating an Order of Protection can help you build a strong defense strategy.
Defending Accusations of Violating an Order of Protection
Attorneys use several defenses to defend people accused of violating an Order of Protection. But, you must keep in mind that the specific defense strategy your attorney will use in your case depends on your case’s specifics.
The first defense strategy is claiming that the defendant did not have knowledge of the Order of Protection. When someone is accused of violating an Order of Protection, one of the most crucial elements the prosecution must prove is that the defendant was aware of the court issuance of the Order. If you did not know about the court issuance of the Order, your attorney could use this defense strategy. Your attorney could also use this defense strategy if you did not have the opportunity to read the Order.
Another defense strategy that attorneys commonly use to defend accusations of violating an Order of Protection is “lack of intent.” Under New York law, for a person to be found guilty of criminal contempt in the first degree, it must be shown that they acted intentionally. Even if you knew about the Order of Protection, but you violated the Order of Protection unintentionally, you cannot be found guilty of violating the Order. Suppose you are being accused of calling the alleged victim, but you accidentally dialed their phone number. If you accidentally dialed the alleged victim’s number, you were not trying to violate the Order of Protection. In this case, it cannot be concluded that because communication was made, you violated the Order.
Indeed, it is difficult to defend accusations of violating an Order of Protection. For example, proving that a call was placed by accident is difficult. However, it is doable. For instance, an attorney can prove this by showing that their client hung up as soon as they realized their phone was calling the alleged victim. An attorney can prove that a call was placed by accident by showing that their client did not try to initiate a conversation with the alleged victim.
Contact an NYC Criminal Defense Attorney
If you’ve been accused of violating a New York Order of Protection, contact the skilled and dedicated NYC criminal defense attorney, Mark I. Cohen, at 212-732-0002 to discuss your case and start working on your defense.
Source:
nycourts.gov/courts/5jd/lewis/family/protection.shtml
