212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Spodek
Law in the Media

View All

Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

NYC Temporary Restraining Orders (TRO) Lawyers

Temporary Restraining Orders in New York City: What They Are and Why You May Need One

You’ve heard of a restraining order before. Perhaps you are dealing with circumstances that make you wonder if this type of legal protection would be a good idea. Your best bet is to seek legal counsel and determine if a temporary restraining order would be appropriate. Here are some things you should know about this type of court order, when it could apply, and why you need legal counsel to petition for such an order.

What is a Temporary Restraining Order?

Also referred to as Orders of Protection, Temporary Restraining Orders (TRO) are court orders designed to prohibit an individual from engaging in specifically designated activities in relation to another person or entity. Individuals may be restrained by the terms of the TRO from physically approaching another individual and require them to remain at least a minimum amount of distance at all times. The order may bar the person from entering a place of business or other facility for a specified period of time. It may also prohibit an individual from making contact by means of social media, text messaging, email, or by post. The court is likely to issue this type of order when there is reason to believe the accused party is likely to damage the protected party in some manner.

The basis cited by the courts for a TRO in New York City is found in the 2012 New York Consolidated Laws of Civil Practice Law and Rules. While this type of order is mentioned in several articles, Article 63 is especially of note to anyone who wonders if they have the grounds for seeking a TRO. Specifically, Injunction 6313 in Article 63 reads:

“Temporary restraining order. (a) Generally. If, on a motion for a preliminary injunction, the plaintiff shall show that immediate and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may be granted without notice. Upon granting a temporary restraining order, the court shall set the hearing for the preliminary injunction at the earliest possible time. No temporary restraining order may be granted in an action arising out of a labor dispute as defined in section eight hundred seven of the labor law, nor against a public officer, board or municipal corporation of the state to restrain the performance of statutory duties.

(b) Service. Unless the court orders otherwise, a temporary restraining order together with the papers upon which it was based, and a notice of hearing for the preliminary injunction, shall be personally served in the same manner as a summons.

(c) Undertaking. Prior to the granting of a temporary restraining order the court may, in its discretion, require the plaintiff to give an undertaking in an amount to be fixed by the court, containing terms similar to those set forth in subdivision (b) of rule 6312, and subject to the exception set forth therein.”

Is There More Than One Type of TRO?

Temporary restraining orders in New York City are divided into two categories: criminal and family. Both types can be used to prohibit a person from coming near a person, stay away from a business or other location, and in some cases even prohibit an individual from carrying a firearm for a time.

With a family restraining order, the plaintiff may request restrictions on the actions or movements of a defendant who currently or previously had what is considered by the court to be an intimate relationship with the requesting party. By intimate, the court is referring to connections in which there is or was some type of connection between the two parties. Examples include separated or former spouses, children, parents, and other blood relatives. Current or former coworkers would also be considered an intimate relationship.

Seeking a family restraining order does not require any advance legal action involving the defendant. You do not have to notify the party of your pending request. A lawyer can prepare the documents necessary to petition the court. Your lawyer will be notified if the petition is approved, and you will have a copy of the order.

Criminal restraining orders are somewhat similar to family restraining orders, with one important difference. In order to seek this type of TRO, the defendant must be arrested or have a warrant out for his or her arrest. For example, you’ve been assaulted by a coworker. The activity was reported to the local authorities and a warrant for arrest is issued. At that time, it’s possible to seek a TRO through the New York Criminal Court.

Is It Possible to Convert the TRO into a Permanent Restraining Order?

While it’s possible to convert a temporary order into a permanent, the court system in New York City requires close scrutiny of the situation before making this type of change. Having a lawyer who can help prepare the request is key. It is necessary to provide a compelling case for the change in terms of protecting the individual from harm. In the case of a business taking action against an individual, the request must demonstrate how a permanent order would prevent the individual from undermining the company and causing some type of loss in revenue, operation, or reputation.

Can the Orders Be Enforced Outside the City?

Yes. Laws like the 2014 Violence Against Women Act provides for enforcing a TRO outside of the city and even outside the state. Depending on the nature of the order and the type of violation that takes place, the consequences can be significant. The offending party could face a fine or be placed in jail for a period of time. If there is some other legal action pending, such as a divorce or child custody case, the violation of the TRO can be introduced into the family court and could affect the outcome of that case.

There’s a reason why an TRO is sometimes called a temporary order of protection. The intent is to protect the well-being of a person or entity until a matter can be resolved. With the help of a lawyer, it’s possible to understand what type of evidence the court requires, how the order functions, and even what to do if any violation of that order should take place. If you believe you have grounds for requesting a temporary restraining order, speak with a lawyer today. The TRO could be in place a lot sooner than most people realize.

Free Consultation

Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!