A restraining order is a legal document that prohibits an individual from contacting or coming within a certain distance of another person. In New York State, violating a restraining order is a serious offense that can result in significant legal consequences.
The most common types of restraining orders in New York are orders of protection for victims of domestic violence, but they can also be issued in cases of harassment and stalking.
If you have been issued a restraining order, it is important to understand the consequences of violating it. Violating a restraining order in New York can result in criminal charges and serious legal penalties.
Under New York law, there are several types of restraining orders, including temporary and permanent orders of protection. Temporary orders of protection are typically issued in emergency situations and can last for up to 30 days. Permanent orders of protection can be issued for longer periods of time and may be renewed if necessary.
If an individual violates a restraining order, they can be charged with criminal contempt. The severity of the charges will depend on the circumstances of the violation. For example, if an individual contacts the protected person through a third party, they may be charged with second-degree criminal contempt, which is a misdemeanor offense. If an individual physically assaults the protected person, they may be charged with first-degree criminal contempt, which is a felony offense.
In addition to criminal charges, violating a restraining order can also have other serious consequences. For example, a violation can be used as evidence in a divorce or custody proceeding. Additionally, a violation can result in the individual losing custody of their children or being required to attend counseling or anger management classes.
If you have been issued a restraining order, it is important to take it seriously and comply with all of its terms. If you believe that the order is unjustified or unfair, you should speak with an experienced attorney who can help you understand your rights and options.
Paul Biagini is an experienced attorney who specializes in harassment and stalking cases in New York. If you have been arrested for violating a restraining order, or if you need assistance obtaining a restraining order, contact the Law Offices of Paul Biagini for a consultation. Paul Biagini can help you understand your legal options and defend your rights in court.