New York Restraining Order Requirements
Following an order of protection, it is vital that you follow New York restraining order requirements. Violating an order of protection can result in the opening of a case and can escalate the charges you currently face. Judges have a tendency to look on those who violate these charges unfavorably. A capable criminal defense attorney could work tirelessly to advocate for you.Staying Away From the Person
The full order of protection is referred to as a full stay away, which means that the defendant is prohibited from going anywhere that they might reasonably expect the person to be. New York restraining order requirements mandate that a person cannot go to that person’s house, school, or work.
If they know that every Friday night this person has a standing reservation at a restaurant, they cannot go there on Friday nights, because they have the knowledge that the person is going to be there.Limits on Communication
The accused is also prohibited from initiating any communication, so no phone calls, no texts, no emails, no social media contact, and no attempting to get somebody to initiate third party contact on the defendant’s behalf.
That is not to say that the two parties have to pick a side and cannot speak to the other. If it is a spousal case with a husband and wife and there is an order of protection involved, the in-laws can continue to talk to both parties as can brothers and sisters-in-laws. They just cannot communicate on the defendant’s behalf about the case.
They cannot tell the alleged victim to drop the order, but they are still able to talk about anything else. The accused cannot ask others to relay messages, so the defendant cannot ask a sibling to tell their spouse that they are sorry, or that they wish things had happened differently. Even if it is not a threat or an attempt to get the person to drop the charges or the case, no communication is allowed. In a limited order, the prohibitions are significantly reduced.Prohibiting Stalking, Harassing, and Threatening
A person who is subject to limited order will be prohibited from assaulting, menacing, harassing, stalking, or threatening. Basically, the person is not allowed to do things that are already prohibited by law. They are doubly prohibited now. What can happen as a result is a new case will be instituted and the person will have two criminal cases instead of one open.
Proving any violation of order of protection case is not very difficult for a prosecutor, because all they have to do is show a judge or a jury that a valid order of protection was in effect during the time period when the communication happened. They can show a phone log or text message or put the complainant on the stand to say that the person approached them at a specific time and a specific place, and they will have proof of that incident.Disobeying Protective Orders
Some judges take it personally when they issue an order which is disobeyed. They specifically tell the person not to do something because part of the order of protection issuing is that the judge specifically tells the defendant on the record the things that they are not allowed to do. If the defendant does not abide by the New York restraining order requirements, some judges take that as a sign of disrespecting them personally.
The judges get upset about that and it can result potentially in serious charges. The violation of an order of protection is usually charged as a misdemeanor, but in some circumstances it can be charged as a felony. That is why it is important for an individual to get in touch with a qualified criminal defense attorney that can build their case.