Repercussions of Violating a New York Restraining Order

It is important to abide by the conditions of a restraining order because the repercussions of violating a New York restraining order are being re-arrested and charged in a new criminal case. It is important that a person understands from the outset that this is a judicial order and carries the force of law behind it.

A judge ordering a person to do something is in effect a mini law commanding that they do it. Those judicial orders can be modified, but while they are in effect, they are requirements that a person follows. Understanding and abiding by these provisions is necessary to being in compliance with the law and violating them is violating the law. If an individual has violated the conditions of their protective order, they should consult a knowledgeable restraining order lawyer that could attempt to mitigate the consequences.

Actions a Person Can Take if They Think Someone Has Violated the Order

One of the repercussions of violating a New York restraining order is that the person who brought the order might take action. Generally, they will contact law enforcement, call their local precinct, or speak to a detective who maybe had been on their original case that resulted in the order of protection. The person will describe how the accused tried to contact them and what was said. At that point, once that allegation is made, the police will immediately try to find the defendant and re-arrest them.

Criminal Repercussions for Violating an Order

There are a number of criminal repercussions of violating a New York restraining order. The first is that a new case is going to be instituted and the person will be charged with criminal contempt. Criminal contempt is the charge for violating a judicial order. Based on certain factors, the degree of criminal contempt can be a misdemeanor or a felony.

In addition to having a new case, there are repercussions for the underlying case. One of the conditions may be that a defendant is being released on their own recognizance or being given bail if they abide by the order of protection. If the judge finds that they violated the order of protection, they might revoke the bail and place that person in detention while the case is pending. There is potentially a lot at stake. A person’s freedom of movement and freedom to be out of jail while their criminal case is pending can be long if they violate an order of protection.

Consequences of Violating an Order

If the defendant has an order of protection against them and they go to the complainant’s house and assault them, the criminal contempt charge will be added as a substance of charge with the other charges that law enforcement or prosecutor believes that the defendant has committed against the person in that separate case.

It is bad enough if a phone call is made in violation of an order of protection, but that is not in and of itself a crime. It can be, but usually is not. If there is a real crime involved, like an assault, stalking, or menacing, a person will be arrested for that and will also be charged with criminal contempt for violating the order of protection in addition to those new charges.

What Serves As the Aggravating Factor to a More Significant Charge?

The violation of an order of protection is usually a Class A misdemeanor, but it can be a Class E felony depending on what the circumstances are. If a person commits, a low-level menacing case where they make an empty threat to somebody, for example, they could be charged with a Class B misdemeanor or the more serious charge of the violation of the order of protection to an A misdemeanor.

 If the violation is the A misdemeanor, but the person commits an assault and gets charged with a D felony, then that is a more serious charge. If an individual has violated an order, a capable restraining order attorney could attempt to mitigate some of the repercussions of violating a New York restraining order that the individual may face.