When a person is arrested on domestic violence allegations such as stalking or harassment in New York, the judge typically issues a temporary order of protection, also known as a restraining order. One type of order allows you to return home as long as you do not engage in further stalking, harassment or assault. Another type requires you to have zero contact with the alleged victim. This means you cannot phone, email or visit the person as a condition of your release.

Violating a domestic violence order of protection can have serious consequences for the offender. A New York man was recently charged with first-degree criminal contempt, a felony, for allegedly violating an order of protection.

New York State Police officers arrived at a home in the town of Newfield in response to a domestic dispute call. Joseph A. Tratt Jr. was arrested for an alleged order of protection violation. Officers tracked down the 29-year-old man even though he had already left the area.

Violating a temporary or permanent order is charged as criminal contempt, which carries penalties like jail time and additional restrictions. Whenever an order is violated, police will almost always make the arrest. However, such allegations can often be used as tactics to gain an upper hand in divorce cases or custody battles.

Anyone who is being accused of domestic violence or violating an order of protection should reach out to an experienced New York criminal defense attorney. While winning such cases is challenging, Brill Legal Group has a track record of beating the charges and obtaining favorable outcomes. For example, it may be possible to show the violation was not deliberate, there was no bad intention behind it or that the other person reached out to you first.

Brill Legal Group has experience fighting both temporary and permanent orders of protection. If you are facing domestic violence allegations, contact us right away for a free consultation.