If you’re wondering about the penalties for violating a restraining order in New York, continue reading and contact an experienced Orangetown criminal defense attorney today.
What is a Restraining Order?
In New York, a restraining order is formally known as an Order of Protection. It is a legal document issued by a judge to protect a person from harassment, threats, physical violence, or unwanted contact by another person, known as the respondent. The primary purpose of a restraining order is to provide immediate legal protection and help prevent domestic abuse or other forms of violence and abuse.
An Order of Protection carries the full force of law and sets specific conditions that the respondent must follow. These conditions are tailored to the specific circumstances of the case, but can include:
- Refraining from offensive conduct: The respondent must stop harassing, intimidating, threatening, or assaulting the protected party and, often, their family.
- Stay away provision: This requires the respondent to stay a specified distance away from the protected party’s home, workplace, school, or other designated locations.
- No contact provision: The respondent is prohibited from contacting the protected party through any means, including phone calls, text messages, emails, social media, or third parties.
- Exclusion from residence: In some cases, the order may require the respondent to move out of a shared home.
- Surrender of firearms: The order may require the respondent to surrender any licensed firearms.
Orders of Protection can be temporary or final. They are an important legal tool designed to ensure the safety and peace of mind of individuals facing credible threats or danger.
Examples of Restraining Order Violations
Restraining order violations can come in many forms, depending on the conditions of the order. Below are some common examples:
- Making a phone call or sending a text message to the protected party
- Going to the protected party’s workplace, even if no contact is made
- Posting about the protected party on social media
- Sending communication through a mutual friend or family member
- Refusing to vacate a shared residence as required by the court order
- Causing physical harm or attempting to assault the protected party
What Are the Penalties for Violating a Restraining Order in NY?
Violating an Order of Protection is a serious crime in New York, typically charged as criminal contempt. The severity of the penalties depends on the nature of the violation and the respondent’s prior record.
Criminal contempt in the second degree is the most common charge for a first-time violation. It is a misdemeanor punishable by up to one year in jail and/or a fine.
Criminal contempt in the first degree, however, is a felony. A violation may escalate to a felony if:
- The respondent has a prior conviction for violating an Order of Protection
- The violation involves physical injury, attempted injury, or credible threats that place the protected person in fear of harm
- The respondent repeatedly violates the order
A first-degree charge is punishable by up to four years in state prison. Violations can also negatively impact custody or family court proceedings and may affect future bail or release decisions.
