New York Restraining Order Defense Lawyer
Challenging Permanent Orders • Criminal Contempt for Violations
A domestic violence Order of Protection can be as bad or worse than the criminal charges. The harsh restrictions can drag you down like an anchor — and set you up for more legal trouble if you are accused of violating the order.
At the Brill Legal Group, we will fight both a permanent and temporary order of protection or argue for reasonable and limited conditions. We will fight to get you back into your home and to make sure you are not cut off from your children.
Our criminal defense attorneys take on domestic violence cases in Nassau County, Suffolk County and across New York City. Call us today for a free consultation.
Suffolk 631-204-8254 – Manhattan 212-233-4141 – Nassau 516-206-2002
Toll free 888-315-9841
Permanent Orders of Protection
When a person is arrested on allegations of domestic violence charges such as assault, harassment or stalking, the judge usually issues a temporary protection order (“restraining order”) as a condition of release:
- Type II (Limited or “Do Not Harass”) — You may be allowed to return home, with orders not to further assault, menace, harass or stalk the complainant.
- Type I (Full “Stay Away”) — You can have no contact with the alleged victim at all, in person, by phone or email. You may be kicked out of your own residence and barred from contacting your children, or allowed only supervised visitation.
The court will later determine whether to continue these restrictions as a permanent order of protection. Our lawyers will try to convince the judge (a) that a protective order is not necessary or (b) to change the order from a stay-away order to more limited restrictions that allow access to your kids and the chance for reconciliation. If necessary, we will fight for a hearing where the District Attorney will have to prove that the complainant is in fear for his or her safety before an order of protection is issued.
Violations of Orders of Protection
Violating a temporary or permanent order is a criminal contempt charge, with the possibility of jail time and further restrictions. These allegations are often baseless, used for advantage in a divorce or custody case or simply to make your life hell. But the police will almost always make the arrest.
We have won these cases, but they are tough. Since it is a court order you are accused of violating, judges are usually none too happy, but there are ways of beating these charges. We work to prove that the accusation is false or vindictive, or provide an alibi or an explanation for what happened. If you did violate the order, we work to show that the victim initiated contact, that the violation was unintentional, or that you had no ill intent, so that you are not punished severely for it.
The Experienced Representation You Need
Peter Brill is a former Long Island prosecutor with more than 10 years of experience in domestic violence defense. Contact our Hauppauge office for a free initial consultation. We also have offices in Hempstead and Manhattan. Our phones are answered 24 hours a day, 7 days a week, 365 days a year.