Repercussions of Violating a New York City Restraining Order

It is important to abide by the conditions of a protection order because the repercussions of violating a New York City restraining order are being re-arrested and charged in a new criminal case. It is important that a person understands from the outset that this is a judicial order and carries the force of law behind it.

A judge ordering a person to do something is in effect a mini law commanding that they do it. Those judicial orders can be modified, but while they are in effect, they are requirements that a person follows. Understanding and abiding by these provisions is necessary to being in compliance with the law and violating them is a violation of the law. If an individual has violated the conditions of their protective order, they should consult a knowledgeable restraining order lawyer that could attempt to mitigate the consequences.

Actions a Person Can Take if They Think Someone Has Violated the Order

One of the repercussions of a New York City restraining order violation is that the person who brought the order might take action. Generally, they will contact law enforcement, call their local precinct, or speak to a detective who maybe had been on their original case that resulted in the order of protection. The person will describe how the accused tried to contact them and what was said. At that point, once that allegation is made, the police will immediately try to find the defendant and re-arrest them.

Criminal Repercussions for a Restraining Order Violation

There are a number of criminal repercussions of violating a New York City restraining order. The first is that a new case is going to be instituted and the person will be charged with criminal contempt. Criminal contempt is the charge when someone is in violation of a protective order. Based on certain factors, the degree of criminal contempt can be a misdemeanor or a felony.

In addition to having a new case, there are repercussions for the underlying case. One of the conditions may be that a defendant is being released on their own recognizance or being given bail if they abide by the order of protection. If the judge finds that they violated a restraining order, they might revoke the bail and place that person in detention while the case is pending. There is potentially a lot at stake. A person’s freedom of movement and freedom to be out of jail while their criminal case is pending can be long if they violate an order of protection.

Consequences of Violating a Protective Order

If the defendant has an order of protection against them and they go to the complainant’s house and assault them, the criminal contempt charge will be added as a substance of charge with the other charges that law enforcement or prosecutor believes that the defendant has committed against the person in that separate case.

It is bad enough if a phone call is made in violation of a protection order, but that is not in and of itself a crime. It can be, but usually is not. If there is a real crime involved, like an assault, stalking, or menacing, a person will be arrested for that and will also be charged with criminal contempt for the violation of a protective order in addition to those new charges.

What Is the Difference Between a Restraining Order and an Order of Protection in New York?

An order of protection in New York is a legal document telling the defendant what they can or cannot do with regard to a protected individual. The order involves legal consequences for violations of an order. Courts set orders of protection when facts appear to support the need for restraints against certain types of contact.

The terms “restraining order” and “order of protection” are essentially interchangeable, but order of protection is the legal term used in court records. Regardless of how they are referred to, protective orders serve to safeguard a petitioner from harassment, threats, abuse, or other harmful conduct. 

What Serves As the Aggravating Factor to a More Significant Charge?

The violation of an order of protection is usually a Class A misdemeanor, but it can be a Class E felony depending on what the circumstances are. If a person commits, a low-level menacing case where they make an empty threat to somebody, for example, they could be charged with a Class B misdemeanor or the more serious charge of the violation of the order of protection to an A misdemeanor. If the violation is the A misdemeanor, but the person commits an assault and gets charged with a D felony, then that is a more serious charge.

If the Protected Party Initiated Contact, Can the Defendant Respond? 

What happens if the person subject to a restraining order hears from the protected individual? Can the defendant respond to a call or message from the petitioner? The answer is no, even if it seems unfair. Only a judge can change or lift an order of protection. Even if the protected party wants to re-establish contact and talk to the defendant, that does not permit violations of the court order. A defendant who violates an order of protection can be arrested for contempt of court even if they simply responded to the other party’s messages. 

Can Restraining Order Violations Impact a Divorce or Custody Case in New York? 

Restraining orders are not uncommon in the midst of a divorce or child custody case. During a separation, especially when children are involved, emotions run high and conflict is almost inevitable. One party might obtain an order of protection from the other while the case is ongoing. In these situations, the defendant might be required to obey the terms of a restraining order while also following a temporary child custody order, or temporary order pertaining to divorce issues. 

Violations of restraining orders during a divorce or custody case can have serious consequences for the offending party. In the child custody context, violating an order of protection could lead to reduced visitation with children, supervised visitation being imposed, or even long-term impacts on child custody. 

In a high-conflict divorce, violations of a restraining order can potentially affect property division, spousal support, or other issues involved in the case. Being held in contempt of court for violating an order of protection can have carryover consequences in the family law context, so it is critical to avoid violations while a divorce or custody case is pending.

How to Protect Against False Allegations of Restraining Order Violations

While a restraining order is in effect, the defendant could fear false allegations that an order was violated. Violations can lead to criminal contempt and jail time. Certain steps to avoid false claims of a restraining order violation might include any of the following: 

• Avoiding potential contact near the person’s home, workplace, or other areas they might frequent. 
• Documenting all interactions, including any calls or messages from the petitioner to you. 
• Identifying witnesses who can back up your version of events. 
• Avoiding indirect forms of contact that might be misinterpreted as a violation.
• Consulting with an attorney familiar with orders of protection and the legal issues involved. 

By keeping clear records and avoiding misunderstandings, a respondent can prevent false accusations of a restraining order violation. 

Call a New York City Attorney Who Could Explain the Repercussions for Violating a Restraining Order

If you have violated an order, a capable restraining order attorney could attempt to mitigate some of the repercussions of violating a New York City restraining order that you may face. Call us today to discuss your case in more detail.