While your domestic violence case is pending, a court may issue an order of protection against you. There are full orders of protection and limited orders of protection. In either, you could be barred from your home or even from seeing your children. Orders of protection can be temporary, but the conditions laid out in temporary orders are similar to those of longer-lasting orders of protection, and are designed to protect the alleged victims involved.
Under a full order of protection, the court mandates that the individual who is alleged to have committed domestic violence can have absolutely no contact with the alleged victim of the crime. This includes contact via telephone, email, text message, or any other communication app or methods of contact. Even passing a message through another person is forbidden in the conditions of your order protection. Contact of any nature, direct or indirect, is prohibited.
If a court has placed any kind of order of protection against you, or you fear that you may soon be faced with an order of protection because of a domestic violence accusation, contact a criminal defense lawyer immediately.
What Is A Limited Order Of Protection?
If you have been placed upon a limited order of protection, it’s important that you understand the conditions of the order. Under a limited order or protection, the defendant is not permitted to assault the victim, or otherwise perform any actions that would harm their victim. It puts the alleged victim in a much safer situation.
Limited orders of protection aren’t commonly placed upon defendants. While a case is pending, judges often worry that the defendant will hurt the victim in question again, so full orders of protection are typically issued in these cases.
What Is A Full Order Of Protection?
A full order of protection is much more all encompassing than a limited order. Under a full order of protection, the defendant is prohibited from the victim in every possible capacity. They may not come near the victim’s school, place of employment, residence, or any other place where it’s widely known that they will be there. The defendant is prohibited from making contact with the victim in any capacity, including passing messages through people, contacting them on apps, or even using fake online profiles to talk to the victim.
If any order of protection is breached, the defendant will face increased jail time, fines, or other penalties. If you have any misunderstandings or questions about the nature of your order of protection, you need to contact a lawyer right away. The best way to ensure your rights are always protected, and the best way to work toward minimizing your penalties and charges, is to entrust a lawyer.
How Is Domestic Violence Classified In New York?
Domestic violence is an issue common to both criminal law and family law. This means, your domestic violence charge could be handled by either criminal law court and/or family law court, depending on the nature of the charges.
New York’s criminal laws do not differentiate between domestic violence-related crimes and offenses that do not involve domestic violence. For example, there is no specific statutory distinction between a domestic assault and an assault on a stranger.
Domestic violence cases include:
- Disorderly conduct
- Sexual harrassment
- Criminal mischief
- Reckless endangerment
In order for a crime to be considered a domestic violence charge, the crime must have been committed by a member of the same family, the household, or a partner in an intimate relationship.
Do I Need A Lawyer If I’ve Been Accused Of A Domestic Violence Charge?
If you’ve been accused of a domestic violence charge, you need to contact a lawyer immediately. You could be facing severe penalties, such as a limited or full order of protection against you. Being convicted of a domestic violence crime in New York carries harsh penalties including high monetary fines and jail time and, without the help of a lawyer, you may be at a disadvantage.
A criminal defense attorney will have an in-depth understanding of New York State law, in addition to how the court system uniquely operates when it comes to domestic violence charges. Without the help of an aggressive, hard-working attorney, you run the risk of facing the most severe penalties possible for your pending domestic violence charge.
Schedule a consultation with The Law Firm of Gianni Karmily if you are concerned with an order of protection that’s been placed against you, or worry that you may soon be faced with one. Our team of attorneys will zealously defend you in a court of law, and will work hard to reduce your penalties and charges as best as possible.