An order of protection, commonly called a "restraining order", is a court-issued directive that requires one person to stay away from another or to refrain from certain conduct. In New York, orders of protection are issued in criminal cases, family court proceedings, and sometimes in connection with divorce actions. They are meant to protect victims of domestic violence, harassment, stalking, and other offenses.
But what happens when someone is accused of violating an order of protection? In New York, even a minor violation can result in criminal contempt charges and the consequences can be severe, including felony prosecution and years in state prison.
What Is an Order of Protection?
An order of protection in New York can include a wide range of conditions. The court may order the subject of the order to:
- Stay away from the protected person (a "full" order of protection)
- Refrain from contacting the protected person by phone, text, email, social media, or through third parties
- Stay away from the protected person's home, school, or workplace
- Refrain from committing any criminal offense against the protected person
- Allow the protected person to remain in a shared home (a "limited" or "refrain from" order)
The specific terms of the order matter enormously. A full order of protection prohibits all contact, while a limited order may allow some forms of contact but prohibit offensive or threatening behavior. If you are the subject of an order of protection, you need to understand exactly what it requires because any violation, even an unintentional one, can lead to arrest.
Criminal Contempt in the Second Degree. NY Penal Law § 215.50
When a person violates an order of protection, they are most commonly charged with criminal contempt in the second degree under NY Penal Law § 215.50(3). This section makes it a crime to intentionally disobey or resist a court's lawful mandate, including the terms of an order of protection.
Criminal contempt in the second degree is a Class A misdemeanor, punishable by up to 1 year in jail, probation, and a fine.
This charge can be triggered by conduct that many people do not consider "serious," including:
- Sending a text message to the protected person
- Calling the protected person. even to discuss children or logistics
- Showing up at a location where the order prohibits you from going
- Contacting the protected person through a third party (having a friend or family member relay a message)
- Liking or commenting on the protected person's social media posts
Criminal Contempt in the First Degree. NY Penal Law § 215.51
Criminal contempt in the first degree is a far more serious charge. Under NY Penal Law § 215.51, a person can be charged with this offense when they violate an order of protection and the violation involves one or more aggravating factors, including:
- The person has a prior conviction for criminal contempt within the past five years for violating an order of protection involving the same protected person
- The violation involved physical contact, damage to property, or threats
- The order of protection was issued in connection with a family offense or criminal proceeding, and the defendant committed a specified offense (such as assault, menacing, harassment, or stalking) against the protected person
Criminal contempt in the first degree is a Class E felony, punishable by up to 4 years in state prison. In certain circumstances. For example, when the violation involves physical injury the charge may be elevated further.
Aggravated Criminal Contempt: NY Penal Law § 215.52
In the most serious cases, a person who violates an order of protection and causes serious physical injury to the protected person can be charged with aggravated criminal contempt under NY Penal Law § 215.52. This is a Class D felony, punishable by up to 7 years in state prison.
Common Defenses to Criminal Contempt Charges
Being charged with violating an order of protection does not mean you will be convicted. There are several defenses that an experienced NYC criminal defense lawyer may raise on your behalf.
Lack of Intent
Criminal contempt requires intentional disobedience of a court order. If you did not intend to violate the order, for example, or if you encountered the protected person by coincidence and immediately left, you may have a viable defense. The prosecution must prove that you deliberately disregarded the terms of the order.
Lack of Knowledge of the Order
You cannot violate an order you did not know existed. If you were never properly served with the order of protection, or if the terms of the order were never clearly communicated to you, this can be a powerful defense.
The Conduct Did Not Violate the Order's Terms
Orders of protection vary widely in their specific terms. If the order was a limited order that allowed certain forms of contact, and your conduct fell within the permitted scope, you did not violate the order. Carefully reviewing the exact language of the order is essential.
False Accusations
Unfortunately, orders of protection are sometimes used as weapons in custody disputes or contentious relationships. The protected person may falsely claim a violation in order to gain leverage in a family court proceeding or to have the other party arrested. An experienced attorney can investigate the allegations and expose inconsistencies in the accuser's account.
Consent of the Protected Person
This is a nuanced area of the law. While the protected person may have invited the contact, even initiating it themselves, this does not automatically provide a defense in New York. The order of protection is a court order, and only the court can modify it. However, evidence that the protected person invited or encouraged the contact can be relevant to the question of intent and can influence how the case is resolved.
The Stakes Are High. Especially in Domestic Violence Cases
In New York City, prosecutors and judges take violations of orders of protection extremely seriously. particularly in the domestic violence context. A conviction for criminal contempt can result in:
- Jail or prison time
- A permanent criminal record
- Negative impact on custody and visitation proceedings
- Immigration consequences for non-citizens (criminal contempt involving domestic violence can trigger deportation proceedings)
- A more restrictive order of protection going forward
Contact an Experienced NY Criminal Defense Attorney
If you have been charged with violating an order of protection in New York, the situation is serious, but you have rights. The right NYC criminal defense lawyer can examine the evidence, challenge the prosecution’s case, and fight for the best possible outcome.
Julie Rendelman is a former Assistant District Attorney in Kings County (Brooklyn) who prosecuted some of the most serious criminal cases in New York City, including domestic violence offenses. Now, as a respected NY criminal defense attorney, she uses that experience to protect the rights of her clients. She understands how these cases are built. and how to dismantle them.
Call the Law Offices of Julie Rendelman at 212-951-1232 to discuss your case today.
New York, NY 10017
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