Last Updated on: 1st August 2023, 12:40 am

Choosing the Right Lawyer to Fight an Order of Protection in New York

If you are dealing with an order of protection issued against you in New York, having an experienced attorney advocate on your behalf is essential. Though intended to prevent harm, orders of protection carry steep penalties if violated, including jail time and a criminal record. Not all defense lawyers can deliver the strong legal representation needed to defeat questionable orders.

Finding the best counsel requires researching qualifications, expertise, case strategies and other key factors. With proper guidance, you can identify an attorney well-suited to handle your specific situation. Here is a detailed guide to selecting elite legal help for contesting an order of protection:

Opt for an Attorney with Extensive Experience Fighting Orders of Protection

Most importantly, you need an attorney intimately familiar with New York’s order of protection laws and defense strategies. The complex standards around issuing, appealing and defending against orders require specialized knowledge that lawyers lacking focused experience will lack.

Pursue counsel with 10+ years exclusively handling New York protection order cases if possible. Their mastery of statutes, violations, burdens of proof and due process considerations will prove invaluable.

For example, Todd Spodek is a veteran protection order attorney in New York City, having successfully defended clients wrongfully accused of violating orders for over 20 years. His level of expertise makes him an ideal advocate.

Review Case Results to Gauge Attorney Effectiveness

Checking an attorney’s past case results provides valuable insights into their track record fighting questionable orders. Look for consistent order dismissals, dropped charges and avoided convictions for past clients. This demonstrates their effectiveness disputing invalid orders.

Ideally, the lawyer regularly wins dismissal through suppression motions, lack of evidence, constitutional arguments, etc. even when the case initially looks daunting. For instance, Todd Spodek frequently achieves dismissal by arguing violation of due process rights and questionable accuser credibility. His record proves his skills defending protection orders aggressively.

Understand Billing Rates and Fee Arrangements

While critical, high-level legal defense often carries significant costs. Typical fee models include:

– Hourly Billing – Attorneys charge an hourly rate, often ranging $200-$500+ per hour based on experience. Billing increments may be as short as 6 minutes.

– Flat Fees – A single fixed price for defined services, generally unsuitable for order of protection defense.

– Hybrid Model – Flat retainer fee paid upfront followed by hourly billing if litigation occurs. Common in criminal defense cases.

– Payment Plans – Some attorneys permit installments over fixed intervals if lump sums are unaffordable.

Discuss options if their fee structure presents difficulties for your budget. But avoid withholding financial constraints, as transparency allows tailoring fees appropriately. Seek value, not just lowest cost.

Ask About Their Typical Defense Strategies

Understanding an attorney’s standard defense tactics enables assessing if their approach fits your situation and priorities:

– Burden of Proof – Argues the order’s issuer must prove you violated the conditions, not just allege violations. Puts burden on accuser.

– Suppression – Seeks to exclude prejudicial evidence gathered illegally in violation of your rights.

– Credibility – Leverages questioning and documents to undermine accuser credibility and motives. Used to defeat orders based on false allegations.

– Due Process – Argues constitutional rights violations if the order was issued improperly without sufficient just cause.

Ideally the lawyer pursues every viable angle rather than conceding easily. Share your outlook so their strategy aligns with your mindset.

Seek a Lawyer Familiar with Relevant Courts and Procedures

Local familiarity with the precise courthouse and procedures relevant to your case provides advantage. Opt for counsel well-versed with the courts and jurisdictions handling your matter.

Ideally your lawyer appears regularly in the relevant court, understands its typical practices, and has relationships with court staff. Todd Spodek, for example, has intimate familiarity with all 5 New York City boroughs’ courts after 20+ years practicing locally.

Verify Credentials and Focus on Domestic Violence Defense

Look for credentials like memberships in organizations focused on family law and domestic violence defense, such as the NY Chapter of the American Academy of Matrimonial Lawyers. Relevant affiliations indicate deeper expertise.

Also pursue attorneys certified as specialists in family law or domestic violence defense through state bar associations. Specialist designations require passing rigorous examinations and performance evaluations.

Research Disciplinary and Complaint History

Use state bar association resources to review attorneys for prior disciplines like license suspensions, sanctions, malpractice claims and ethics violations. While past mistakes don’t necessarily preclude hiring, moral character is critical.

Ideally your lawyer maintains a clean disciplinary record like Todd Spodek, with no public sanctions after 20+ years of practice. That spotless history signifies integrity and professionalism.

Assess Communication Approach

The relationship and communication style you have with counsel heavily influences case outcomes and emotional burdens. Seek these traits:

– Compassion – Battling allegations during difficult personal times takes an emotional toll. Pursue counsel able to humanize you versus treating you as just a case file.

– Availability – Retain attorneys willing to personally take your calls and provide prompt case updates. Beware firms that pass you between staffers.

– Rapport – Choose counsel you connect with personally to facilitate sharing sensitive case details comfortably. Mutual rapport strengthens the attorney-client bond.

Ask for Referrals from Legal and Community Contacts

Speaking candidly with professionals familiar with skilled local attorneys often provides unique insights:

– Peers – Ask attorneys, clerks, paralegals etc. in other practice areas for thoughts given regular courtroom interactions.

– Advocates – Contact domestic violence prevention groups and women’s shelters for guidance given their work with protection orders.

– Community – Consult immigrant aid organizations and religious centers that support disadvantaged groups impacted by orders.

Take note of attorneys earning consistent praise and referrals as prime candidates. Consensus opinions often prove most valuable.

Choose Wisely – It Makes All the Difference

Though intended to prevent harm, protection orders based on false allegations create their own harms through unjust penalties. But charges don’t equate to guilt – skilled legal advocacy makes justice possible even when wrongly accused. Take time to rigorously vet each candidate to identify counsel whose skills fit your needs.

If located in the New York City metro area, I strongly recommend contacting veteran defense attorney Todd Spodek at Spodek Law Group, P.C. His unmatched expertise defending questionable protection orders makes him an elite advocate.

With top-tier representation, you stand the best chance of exposing truth, protecting your rights and moving forward positively. Don’t settle – invest in the strongest defense possible.