Accused of Domestic Violence in NY? Know Your Order

Holiday gatherings, money stress, and alcohol can turn a family argument into a 911 call. In New York, an arrest on domestic violence-related charges very often comes with a temporary order of protection issued at your first court appearance, sometimes before you have had any chance to tell your side of the story. That order can immediately affect where you live, whether you can see your children, and what happens next in your case.

What a temporary order of protection can require

A criminal court judge can issue a temporary order of protection as a condition of your release while the case is pending. There are two main types:

• Full stay-away order: You must stay away from the protected person and their home, job, or school, even if that home is also yours, and have no contact at all. That includes calls, texts, social media, and messages passed through friends or family.
• Limited order (sometimes called a "refrain from" order): Contact may be allowed, but you must not harass, threaten, or commit any offense against the protected person.

Read your order carefully. The specific terms, and the expiration date, are written on it.

Follow the order exactly, even if the other person reaches out

The order applies to you, not to the protected person. If they call, text, or invite you over, responding can still be a violation. Violating an order of protection can lead to a new criminal contempt charge, which can be a felony in some circumstances, and it can seriously hurt your pending case and any related custody matter.

How the order affects your home and family

A full stay-away order can keep you out of your own residence and away from your children. If there is also a Family Court case about custody or visitation, the two courts' orders can interact, and criminal court orders often allow for later changes by Family Court. That is why it matters to have a lawyer who looks at both cases together.

What to do right now

• Keep a copy of the order and know exactly what it says.
• Do not contact the protected person, directly or through anyone else.
• If you need belongings from a shared home, ask your attorney how to arrange it safely and lawfully, which is often done with a police escort.
• Save texts, call logs, photos, and the names of witnesses that may be relevant.
• Stay off social media about the case.
• Talk to a criminal defense attorney before your next court date. An attorney may be able to ask the court to modify the order.

How we can help

Maxwell Law Group, PLLC defends clients facing criminal charges across New York State and also handles Family Court matters, so we can help you understand how your criminal case and any custody or visitation issues fit together. Contact us to schedule a free consultation.

This article provides general information about New York law and is not legal advice. Reading it does not create an attorney-client relationship.