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Ny Violations Of Orders Of Protection

By Spodek Law Group | October 18, 2023
(Last Updated On: October 19, 2023)

Last Updated on: 19th October 2023, 02:26 pm


Violations of Orders of Protection in New York

Getting an order of protection can be scary and confusing. But it’s important to understand what happens if that order is violated. This article will break it down for you in simple terms.

What is an Order of Protection?

An order of protection is a court order that helps protect someone from abuse or harassment. It tells the abuser what they legally can’t do. Like coming near the victim. Or contacting them. If the abuser doesn’t follow the order, they can be arrested and charged with a crime.

Types of Orders of Protection in New York

There are a few different kinds of orders of protection in New York:

  • Family Court Order of Protection – This protects family members like a spouse or child from abuse.
  • Supreme Court Order of Protection – This can protect anyone who is being abused, even if they aren’t family.
  • Criminal Court Order of Protection – This is issued after a criminal case like assault or stalking.

What Happens if an Order is Violated?

It’s against the law to disobey an order of protection. If the abuser contacts the victim, comes near them, harasses them, etc. they can be arrested. Even if the victim invited them. The order is still in effect.

Some common violations include:

  • Calling, emailing, texting or contacting the victim in any way
  • Showing up at the victim’s home, job, or school
  • Following or stalking the victim
  • Hurting or threatening the victim

Punishments depend on a few things, like:

  • What court issued the order (family, supreme, criminal)
  • If the abuser has violated orders before
  • How severe the violation was

Family Court Order Violations

Penalties for family court order violations may include:

  • Up to 6 months in jail
  • Community service
  • Fines up to $5,000
  • Anger management counseling
  • Extended order of protection

Supreme Court Order Violations

For supreme court orders, violations can lead to:

  • Up to 1 year in jail
  • Community service
  • Fines up to $5,000
  • Extended order of protection

Criminal Court Order Violations

This is very serious. Penalties may include:

  • 1-7 years in prison
  • Felony charge on record
  • Fines up to $5,000
  • Extended order of protection

Getting Help and Staying Safe

If an order is violated, call 911 right away. Save any evidence like texts or emails. File a police report and contact your lawyer. The court may issue a warrant for the abuser’s arrest.

You can also call the NYS Domestic Violence Hotline for help finding shelter, counseling, legal advice and other services. Don’t be afraid to reach out – you deserve to feel safe.

Orders of protection can prevent abuse and give victims peace of mind. But even a piece of paper can’t stop some perpetrators. Always have a safety plan ready in case the unthinkable happens.

With support and resources, many survivors move on from abuse to live happy, fulfilling lives. There is hope.


Orders of Protection – NY CourtHelp

Violating an Order of Protection – NY CourtHelp

Violating Protection Orders | OVW | Department of Justice

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