Bronx Restraining Order Lawyer
Many criminal accusations can be accompanied by a temporary restraining order. Either the alleged victim in the case or the prosecutor who files the charges may petition the court to prohibit contact between the defendant and the alleged victim.
This can result in you being ordered to move out of your home, cease contact with your children, or even quit your job. Making matters worse, if the court convicts you of the underlying crime, this order may become permanent.
For these reasons, it is imperative that you be prepared to fight back against not just the criminal case, but also the imposition of restrictive restraining orders. A Bronx restraining order lawyer could help you dispute these restrictions against you. The goal of for our seasoned attorneys is to allow you to live your life as normally as possible while awaiting trial.
When May a Bronx Court Consider a Restraining Order?
Almost any criminal case can give rise to a protective order. However, courts generally hear requests for these orders in cases that involve alleged violence. As a result, common examples of criminal charges that can lead to protective orders include:
- Sexual abuse
It is worth noting that a restraining order is never automatic. Either the alleged victim in the case or the prosecutor must petition the court to issue the order. However, in cases alleging violence, a court will almost universally accept this petition and schedule a hearing. This hearing determines whether the court will issue the restraining order for the length of the criminal case. For help with building a case against a restraining order, get in touch with a Bronx lawyer today.
What Effects Can a Restraining Order Have on the Subject’s Life?
Restraining orders are designed to prevent any further violence between a defendant and an alleged victim. As a result, they generally prevent a defendant from having any contact with the alleged victim.
This becomes especially complicated in domestic situations. If someone is accused of a violent act against a family member or a roommate, the court may be able to order them to leave their home, school, or place of work. This can have a devastating effect on a person’s life, even before the court determines the outcome of the case.
If a court does convict someone, this order may become permanent. In addition, these orders carry the full weight of law. As a result, violating a court-issued restraining order is an independent criminal charge. According to New York Penal Law §215.51, any violation of a restraining order is an example of criminal contempt in the first degree. These are class E felonies, and in many cases are more serious than the underlying charges. An attorney in the Bronx could help someone avoid the effects of a permanent restraining order.
Vacating a Restraining Order
Vacating or canceling an order of protection is possible under the law. However, it is important to understand who has the power to do so. While a complaining witness can request a restraining order to be filed, they have no power to vacate the order on their own. Only a judge has the power to vacate a valid order of protection.
That does not mean the complaining witness will have no impact on the court’s decision to vacate an order of protection. If the complaining witness requests that the district attorney drop the order, the court could agree to the request. An experienced Bronx attorney could ensure the prosecution is aware of a complaining witness’ preference for a restraining order to be vacated.
Are Out of State Orders Enforced in the Bronx?
Courts in the Bronx will not only enforce restraining orders issued by local courts but those out-of-state well. In fact, federal law requires every state to recognize the restraining order from other jurisdictions. There are no requirements to register these orders or for them to be entered into a national database for the police to enforce them. The police only need to believe that the order is valid to enforce it.
Consult a Bronx Restraining Order Attorney
Both the alleged victim in the case and the prosecutor are able to petition the court to institute a temporary restraining order that prevents contact between you and the alleged victim. In many cases, this can require you to move out of your home. If you are convicted of a crime, this order may become permanent.
It is essential to fight back against these allegations from the start. A Bronx restraining order lawyer could work to dispute not just the underlying criminal charges, but also to combat the imposition of restrictive court orders. Contact an attorney immediately to get started.