Defending Accusations of Violating New York City Restraining Orders
Restraining orders exist for the sole purpose of protecting the accused and the accuser in a domestic violence case. By keeping the individuals separated, the state can assure that the situation does not escalate. If you have been accused of violating a protective order, it is important to consult a qualified restraining order that could help. A seasoned attorney experienced in defending accusations of violating New York City restraining orders could build a solid defense for you.
Prosecution of Violating an Order Offenses
Prosecutors tend to believe violating an order is simple. If a communication was made, then the person has violated their order. The reality is that it does not always work that way. In a situation where an accidental dialing was made from a phone when the person had no desire to contact the person, they are not trying to violate the order and they thought that they were abiding by it.
A person who accidentally sits on a phone that dials out to a complainant is not worthy of going to jail. That is non-jailable offense as far as lawyers are concerned. It is important to have an attorney who understands the nuances of the order of protection and the spirit of the order, which is that the person is intended to be protected from the defendant and shielded from any sort of unpleasantness that person might visit upon them.
Also, there is the idea that orders of protection are to be used as a shield and not a sword, because there is no prohibition of the complainant contacting the defendant. In a fair number of cases, the defendant is prohibited from contacting the complainant, but the complainant sometimes contacts the defendant relentlessly and does not face any consequences.
Collecting Evidence That Someone Did Not Violate an Order of Protection
It is always difficult to get evidence that something did not happen, but it is doable, depending on the nature of the allegation. If the complainant claims that a defendant called the complainant, the defendant’s phone logs become important. If they claim that there is a text message, the defendant’s text log becomes important.
More often than not, if a complainant is going to fabricate something like that, they will claim that it was an in-person meeting. At the point, if the defendant can show or demonstrate that in such a date and time they were out of the country, out of the state, out of the city, or somewhere else, then that becomes necessary to compile to demonstrate that the person did not violate the order.
Method of Disproving Breach
When defending accusations of violating New York City restraining orders, an individual’s lawyer is tasked with disproving breach of the order. It is a case-specific inquiry into the method of how the complainant alleges that the defendant breached the order. Depending on what mode of communication they are alleging, finding a way to show that those communications did not happen or not there is how they do it.
In situations where a communication was sent, but it was accidental, it is very difficult to put forth substantive evidence that the call was placed by accident. The only thing an attorney can do is show that as soon as the defendant realized that their phone was ringing somewhere, they took it out, saw who it was calling, and immediately hung up. The defendant did not actually attempt to try and initiate a conversation. That being said, It is difficult to prove that the defendant is innocent. It is the word of the defendant at that point and that is what an attorney tries to put together.
Working With an Experienced New York City Restraining Order Lawyer
When defending accusations of violating New York City restraining orders, you need an attorney who understands how to communicate with a prosecutor that the complainant is improperly using this order of protection. You do not want to get the charges dismissed because those are not the actions of somebody who feels that they have been victimized or who is afraid of the defendant. These situations can be very volatile. For example, if a complainant comes to the your door and bangs on it for six hours in the middle night, you may finally relent, have a discussion, get into an argument, and then the complainant could call the cops and claim that you violated the order.
It is important to have an attorney who is able to quickly parse through the circumstances, find out what the implications are for this order of protection, and deal with them before they become a new case or there are new charges. Work with an experienced restraining order lawyer that could work diligently to defend you.