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CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

What happens if I violate an order of protection?

An order of protection, also known as a restraining order, is issued to prevent an individual from having contact with another, who may feel threatened by their behavior. Orders of protection are most commonly associated with domestic violence offenses such as stalking and assault.

Failure to comply with an order of protection in New York can result in imprisonment and fines. The penalty depends on the severity of the violation. As all orders of protection are court orders, a violation can lead to a new charge of criminal contempt of court.

The typical charge in such cases is criminal contempt of court of the first degree, which is a Class E Felony. However, depending on whether the criminal contempt is a misdemeanor or felony charge, fines can range from $1,000 to $5,000. Prison sentences range from one year to seven years.

Violating the terms of an order of protection can also have other serious consequences. It can negatively affect the individual’s pending criminal cases or cases that involve custody issues.

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