No Contact Orders in New York Domestic Violence Cases
A no contact order is the same as an order of protection. It is a judicial order which prohibits the defendant from contacting the alleged victim in any way, whether that is physical contact by going anywhere that the defendant might know that the alleged victim might be or any sort of electronic communications like a phone call, text message, e-mail, or social media.
It also includes initiating contact via third parties, like mutual friends to reach out on their behalf. Obviously, mutual friends or family members can have conversations with the two parties so long as they are not tailored for the benefit of the defendant to pass messages along. They can have conversations about anything else but no third-party contact regarding the case or any messages passed along. If an individual wants to know more about no contact orders in New York domestic violence cases and how an order could impact their case, they should consult a skilled domestic violence lawyer that could help.Circumstances Where a Person's Family or Friends Can Contact the Person
In no contact orders in New York domestic violence cases, the person's family or friends can contact the protected party about virtually anything that is not related to the case. They just cannot talk to the person about the case or about testifying; they cannot pass messages back and forth between the defendant and the alleged victim. They can have their normal relationship as long as they do not attempt to interfere or have any impact on the case whatsoever.What Happens if Someone Violates a No-Contact Order?
A no contact order is a judicial order, so a violation of that order is a crime. There is a Statute in the New York Penal Law called criminal contempt, which is basically the willful violation of a lawful judicial order. If a person does not abide by the order of protection and are caught, they can be arrested and charged with a new crime of criminal contempt. If the person committed another offense while violating the order (if there is an allegation of a threat or assault), they will get charged with that in addition to criminal contempt, plus they will still have the underlying charges. The criminal contempt charge may even be more serious than the underlying charges in the original case and there can potentially be very severe punishment for violating the order of protection, more so than the defendant may have been punished for the original incident.Important of Refraining From Contacting the Party
The number one reason to avoid violating no contact orders in New York domestic violence cases to avoid getting re-arrested and charged with criminal contempt. The judicial order is put in place, in theory, to protect the party that needs protecting. The idea is that the defendant wants to demonstrate that they are not a criminal, and the best way to do it is to abide by the judicial order because a judge could get upset and take an unfavorable view of the defendant.
If the defendant comes with their attorney and pleads not guilty at a bail hearing and their attorney claims that the whole incident was completely fabricated and made up because he is not the kind of person that would do this; that the defendant looks forward to exonerating themself, and clearing their name of all the charges, and then violates the judge's order, the judge is going to take a second look at whether or not this person should be out on bail and whether or not they really are the type of person who would do this type of thing. There are a lot of potential consequences, both specifically in terms of the case and in terms of the way the judge views the person that can happen as a result of violating the order of protectionValue of Working With a New York Domestic Violence Lawyer
If you have violated a no contact order, consult a knowledgeable domestic violence attorney as soon as possible. The consequences for violating a no contact order include an additional charge for the violation, as well as potential charges for other crimes that may have been committed during the violation of an order. Work with a skilled domestic violence attorney that could use their previous experience with no contact orders in New York domestic violence cases to advocate for you.