New York Restraining Order Lawyer

A restraining order is a document signed by a judge. The legal name for it in New York is an order of protection. A lot of states use the term restraining order, but in New York, the document is referred to as an order of protection. Basically, it is an order to the defendant to refrain an engaging in certain activities. 

Speaking with a New York restraining order lawyer can give you peace of mind when facing domestic violence charges. An experienced criminal attorney can help you establish a strong defense. 

Defining Full Orders of Protection

New York restraining order lawyers commonly see a full order of protection or a limited order of protection filed. A full order of protection admonishes a defendant to sever any and all contact with the complainant or the person who is protected by the order for as long as the order is in effect. That means that they cannot go to that person’s house, school, or place of business.

They cannot call that person, text them, email them, tweet at them, post on their Facebook wall, have any social media interaction, or get another person to contact them on their behalf. The full stay away order means that a person cannot have any contact or initiate contact, whether it is through one's self or through somebody else.

What is a Limited Order of Protection?

In a limited order of protection, the person charged is allowed to have contact with their accuser, but they are still prohibited from doing anything which would be considered injurious. They have to refrain from assaulting, menacing, harassing, stalking, or doing anything that they are not allowed anyway. They are prohibited from doing again. If there is a limited order of protection, the parties can live together, go to social events together, and be in the same place as long as there are no threats or violence. A New York restraining order lawyer can help individuals understand the penalties associated with a domestic violence charge.

Classifying Scenarios Involving Civil Protection Orders

The order of protection in a criminal case is issued by the criminal court judge that is sitting. A civil order of protection has the same force in effect and generally does the same prohibition as the criminal order. It is generally issued by the family court instead of by criminal courts.

A family court judge has the authority to issue a family court order of protection. The standard of proof required to obtain that order is different. In a criminal case, the standard of proof is beyond a reasonable doubt and in a civil case, it is by a preponderance of the evidence.

If an individual goes to the criminal court system, institutes charges against somebody makes the claim for the police and that person gets arrested but there is not enough evidence to convict that person, the order of protection goes away. 

The complainant in that case can go to family court and file a petition for family court of protection based on the relationship of the parties. They can potentially obtain a family court order of protection if the evidence is sufficient and meets the preponderance of the evidence standard versus reasonable doubt.

Eligibility for Filing a Civil Order

In a civil case, a victim or aggrieved party can go directly to the court, fill out a petition, file for one, and can seek it on their own individually. In the criminal system, they are issued by the judge pro forma in a case. Where there is a victim and some allegations of violence, threats, or coercion, the judge will just automatically issue it.

The person does not have a lot of say at least initially. They can have the order amended from full to limited if they express that desire to a prosecutor who speaks to a defense attorney and they agree to get the order amended. They can present that to the judge. 

The judge has the opportunity to accept that and modify the order or not. New York restraining order lawyers know that their decision is discretionary as to what they feel is appropriate. The difference is that in the civil courts, the petitioner tries to get the order while the criminal court judge issues it.