Do you have an order of protection issued against you?
If the answer is YES, then you must be made aware of the changes in the law concerning court orders of protection. The law has recently been amended. It is also advisable to have a top criminal defense lawyer or family law/divorce lawyer to protect your rights. Call our office today for a free initial consultation.
What is an Order of Protection?
An Order of Protection is a court order issued by a judge to protect the complainant in the New York Criminal Court or New York Family Court. Orders of protection can also be issued when the person subject to the order of protection is not present in court. This is called an "Ex Parte" order of protection.
Orders of protection can order and individual to stay away, refrain from communicating and committing any criminal acts against the protected party. The person subject to the order of protection will also be ordered to surrender all firearms to the local police department. As judges tell those who are issued an orders of protection, any violation of the order of protection can result in serious felony or criminal charges.
Recent Amendment to the Law
Effective November 13, 2013 and January 12, 2014 CPL 140.10(4) has been amended to provide that the person in whose favor an order or protection or temporary order of protection is issued "may not be held to violate an order issued in his or her favor nor may such party be arrested for violating such order."
CPL 530.12(6), (8) was also amended to require that such orders state that they will "remain in effect even if the protected party has, or consents to have, contact or communication with the party against whom the order is issued" and can only be modified or terminated by the court, and that the protected party cannot be charged with or arrested for violating such an order.
In other words, the only person who can vacate or amend an order of protection is a judge. Often the protected party claims to have an order of protection amended or dismissed and this could potentially lead to an arrest of the person who has the order issued against them but not the protected party.
Westchester County Criminal Defense Lawyers
As a Westchester county criminal defense attorneys and a family law/divorce attorneys with offices in White Plains, New York we know it is very important to keep informed of all changes in the law the can impact our clients. At Proto, Sachs & Brown, LLP we have handled countless criminal, family law and divorce matters and we always aggressively pursue and protect our client's rights.
We regular appear in all the courts of Westchester County, Rockland county, Orange County, Putnam County and New York City.
If you or a loved one has been charged with a crime in or outside Westchester County, New York call the White Plains law firm of Proto, Sachs & Brown, LLP for a free initial criminal defense, family law and/or divorce consultation.
Call or e-mail today. (914) 946-4808