Bronx Restraining Order Lawyer

Many criminal accusations can be accompanied by a temporary restraining order. Either the alleged victim in the case or the prosecutor who files the charges may petition the court to prohibit contact between the defendant and the alleged victim.

This can result in you being ordered to move out of your home, cease contact with your children, or even quit your job. Making matters worse, if the court convicts you of the underlying crime, this order may become permanent.

For these reasons, it is imperative that you be prepared to fight back against not just the criminal case, but also the imposition of restrictive restraining orders. A Bronx restraining order lawyer could help you by being prepared to dispute restraining orders during the earliest part of a case. The goal of a seasoned attorney is to allow you to live your life as normally as possible while awaiting trial.

When can a Bronx Court Consider a Restraining Order?

Almost any criminal case can give rise to a protective order. However, courts generally hear requests for protective orders in cases that involve alleged violence. As a result, common examples of criminal charges that can lead to protective orders include:

  • Assault
  • Stalking
  • Robbery
  • Burglary
  • Sexual abuse
  • Harassment

It is worth noting that a restraining order is never automatic. Either the alleged victim in the case or the prosecutor must petition the court to issue the order. However, in cases alleging violence, a court will almost universally accept this petition and schedule a hearing. This hearing will determine whether the court will issue the restraining order for the length of the criminal case. For help with building a case, get in touch with a Bronx restraining order lawyer today.

Effects on the Subject’s Life

Restraining orders are designed to prevent any further violence between a defendant and an alleged victim. As a result, they generally prevent a defendant from having any contact with the alleged victim.

This becomes especially complicated in domestic situations. If someone is accused of a violent act against a family member or a roommate, the court may be able to order them to leave their home, school, or place of work. This can have a devastating effect on a person’s life, even before the court determines the outcome of the case.

If a court does convict someone, this order may become permanent. In addition, these orders carry the full weight of law. As a result, violating a court-issued restraining order is an independent criminal charge. According to New York Penal Law §215.51, any violation of a restraining order is an example of criminal contempt in the first degree. These are class E felonies, and in many cases are more serious than the underlying charges.

Consult a Bronx Restraining Order Attorney

Both the alleged victim in the case and the prosecutor are able to petition the court to institute a temporary restraining order that prevents contact between you and the alleged victim. In many cases, this can require you to move out of your home. If you are convicted of a crime, this order may become permanent.

It is essential to fight back against these allegations from the start. A Bronx restraining order lawyer could work to dispute not just the underlying criminal charges, but also to combat the imposition of restrictive restraining orders. Contact an attorney immediately to get started.