Violating an Order of Protection in New York
An order of protection is a court order that imposes specific restrictions on a person’s behavior, often limiting contact with or proximity to another individual. Once an order of protection has been issued, violating its terms can result in serious legal consequences. Depending on the circumstances, an alleged violation may lead to a criminal contempt charge, additional criminal charges, arrest, or even incarceration.
For someone accused of violating an order of protection, understanding exactly what the order prohibits is critical. The consequences can depend on the language of the order, whether the defendant knew about it, the nature of the alleged violation, and whether there have been previous convictions for violating orders of protection.
At Dupée & Monroe, P.C., our Goshen criminal defense attorneys defend individuals facing criminal charges throughout Orange County and the Hudson Valley. If you have been accused of violating an order of protection, experienced legal representation can be essential to protecting your rights and determining the appropriate defense.
What Is an Order of Protection?
An order of protection is issued by a court to establish legally enforceable conditions governing a person’s conduct toward another individual. Orders of protection can arise in criminal proceedings, Family Court cases, and other legal matters. The restrictions vary depending on the circumstances.
An order may prohibit a person from contacting the protected individual, going to their home or workplace, or coming within a specified distance. It may also prohibit threatening, harassing, intimidating, or otherwise engaging in certain conduct toward the protected person. Orders can be temporary or final and may be issued with different conditions. Some orders prohibit virtually all contact, while others permit limited communication for specific purposes, such as arranging custody exchanges.
Because the precise language matters, a person subject to an order should read the document carefully and follow every condition. Assuming that certain conduct is acceptable simply because it seems harmless can create serious legal problems.
What Happens If You Violate an Order of Protection?
In New York, violating an order of protection can constitute criminal contempt. The New York Courts explain that disobeying a temporary or final order of protection can result in a criminal contempt case. A violation does not necessarily require physical violence; for example, entering a location prohibited by the order or contacting a protected person when contact is forbidden may result in an alleged violation.
Depending on the alleged conduct, a violation can be charged as criminal contempt in the second degree, criminal contempt in the first degree, or aggravated criminal contempt. The classification of the offense can have a substantial effect on the potential penalties.
A person may also face separate criminal charges if the alleged violation involved conduct that independently constitutes another offense. For example, an allegation involving assault, stalking, harassment, or property damage could result in charges beyond criminal contempt.
Criminal Contempt in the Second Degree
New York Penal Law § 215.50 addresses criminal contempt in the second degree. Among other circumstances, the statute makes it a crime to intentionally disobey certain provisions of an order of protection. The specific conduct prohibited and the nature of the order are important in determining whether the statute applies.
A conviction for criminal contempt in the second degree can carry significant consequences even though it is generally a misdemeanor. The potential consequences may include incarceration, fines, probation, and a criminal record. An alleged violation should therefore not be dismissed as a minor matter simply because no physical altercation occurred.
When Can an Order of Protection Violation Become a Felony?
Some violations of orders of protection can result in felony charges. New York Penal Law § 215.51 defines criminal contempt in the first degree as a Class E felony and identifies several circumstances in which violating an order of protection constitutes the offense. These circumstances can include certain conduct involving threats, physical contact, fear of physical injury, property damage, or repeat violations after a prior contempt conviction.
New York also recognizes aggravated criminal contempt, which is a Class D felony. Under Penal Law § 215.52, intentionally or recklessly causing physical injury or serious physical injury to a protected person in violation of an order can constitute aggravated criminal contempt. The statute also provides for aggravated charges in certain circumstances involving prior contempt convictions.
The difference between a misdemeanor and felony contempt charge can be substantial. A felony conviction can affect employment, professional opportunities, housing, and other aspects of a person’s future in addition to exposing the defendant to more severe criminal penalties.
Does It Matter Whether You Knew About the Order?
Yes. Knowledge of the order can be an important issue in a criminal contempt case. New York law specifically addresses violations of orders that were duly served, as well as orders of which the defendant had actual knowledge because they were present in court when the order was issued. This is one reason it is important to obtain and carefully review the actual order of protection. Questions about when the order was issued, how it was served, what restrictions it contained, and whether the defendant understood its terms may become relevant to the defense.
What If the Protected Person Contacts You?
A common misconception is that an order of protection can be ignored if the protected person initiates contact. Generally, the person subject to the order should not assume that the other person’s invitation, phone call, text message, or request to meet automatically cancels or changes the order. An order of protection remains a court order until it expires or is modified by the court. If the protected person wants contact to occur, that does not necessarily authorize the defendant to disregard restrictions contained in the order. If circumstances have changed, the appropriate approach is to seek a modification through the court rather than simply deciding to disregard the existing restrictions.
How an Order of Protection Violation Is Challenged
Being accused of violating an order of protection does not automatically establish guilt. The prosecution still has to prove the applicable elements of the charged offense. A defense attorney can examine the precise language of the order, the circumstances surrounding its issuance and service, the evidence supporting the alleged violation, and the defendant’s actions. Depending on the circumstances, the defense may challenge whether the alleged conduct actually violated the order or whether the prosecution can establish the required mental state. Evidence such as text messages, phone records, surveillance footage, witness statements, photographs, and other communications may become important. A careful investigation can sometimes reveal that the allegations do not accurately reflect what occurred.
What Should You Do After Being Accused of a Violation?
If you are accused of violating an order of protection, take the allegation seriously. Do not attempt to resolve the situation yourself by contacting the protected person to explain what happened. Doing so could create additional evidence or potentially result in another alleged violation. Instead, preserve relevant communications and other evidence and speak with a criminal defense attorney as soon as possible. Do not delete texts, social media messages, photographs, or other information that may be relevant to the allegations. If you are subject to an order of protection, continue following its terms unless and until the court changes or terminates the order.
Get Help Defending Against an Order of Protection Violation in Orange County
An accusation that you violated an order of protection can quickly become a serious criminal matter. Depending on the circumstances and your prior record, you could face misdemeanor or felony criminal contempt charges, additional criminal allegations, and significant penalties. At Dupée & Monroe, P.C., we represent individuals facing criminal charges in Goshen, Orange County, and throughout the Hudson Valley. We can review the order of protection, examine the evidence supporting the allegations, and work to identify the strongest available defense.
If you have been accused of violating an order of protection in New York, contact Dupée & Monroe, P.C. today for a complimentary consultation. Our attorneys can explain the charges you are facing, protect your rights, and work toward the best possible outcome for your case.
