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SECTION D · CRIMINAL OVERLAP · D33

The protective order hearing is your first real forum.

Before any campus hearing and long before any trial, a protective order application puts both parties in front of a judge with rules of evidence and a right to cross-examine. It is frequently the only adversarial proceeding a respondent gets for months - and it is routinely treated as a formality.
DO NOT CONSENT WITHOUT ADVICE
Consenting to an order “without admission” feels efficient. It creates a court order whose breach is criminal contempt, and it is read by the campus panel as significant.
WHICH RULES GOVERN YOUR CASE The 2020 Title IX regulations. The 2024 rewrite was vacated and does not apply.
RULE TRACKER →
THE BRIEFING · THE PROTECTIVE ORDER HEARING

A protective order application is the first and often only forum in which a respondent gets an actual adversarial hearing before the campus process concludes. Most respondents consent to the order and skip it.

What makes it different.

It is a court proceeding. There is a judge, rules of evidence apply, testimony is given under oath, and there is a right to cross-examine. None of that is true of a campus grievance process, where relevance is ruled on by an administrator and there are no evidentiary rules at all. For a respondent, it is the one early opportunity to test an account in a forum built for testing accounts.

The transcript is worth the appearance alone.

An account given under oath, weeks after the event, before an investigator has organised a narrative and before the parties have settled into positions, is the single most useful comparator available. Where the account later shifts - in a campus interview, in a report, at a hearing - the divergence is documented in a court transcript rather than asserted. Ordering that transcript immediately is standard work.

Why consenting is not free.

Consenting to an order without admission resolves the hearing quickly and creates a court order. Breaching it, even incidentally on a small campus, is criminal contempt prosecuted independently of the underlying allegation. It also becomes a fact the institution knows about, and it shapes how interim measures are set. None of that means consent is always wrong - sometimes it is right - but it is a decision with consequences rather than a procedural convenience.

Your own testimony.

Whether the respondent testifies is decided last, with the criminal exposure assessed, and frequently the answer is no. Cross-examining the applicant does not require it. That asymmetry - testing their account without giving one - is the same structural advantage that exists in the campus hearing, and it is available here months earlier.

Why you should call us.

If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.

Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.

On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.

Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.

GENERAL INFORMATION, NOT LEGAL ADVICE. YOUR SCHOOL’S POLICY AND YOUR FACTS DECIDE EVERYTHING - AND THE CONSULTATION IS FREE. Skip reading - just call →
WHY IT MATTERS MORE THAN IT LOOKS
Six points.
Everything that happens here is on a court record, under oath, with a transcript.
POINT 01
A real forum
Rules of evidence, a judge, and cross-examination. Unlike the campus process.
GENUINE
POINT 02
Testimony under oath
The complainant’s account, given early and transcribed.
THE RECORD
POINT 03
A transcript
Usable in the campus hearing and in any later proceeding.
PORTABLE
POINT 04
Contempt exposure
Breach of the resulting order is a separate crime.
THE RISK
POINT 05
Campus effect
An order in place shapes interim measures and how the school reads the matter.
SPILLOVER
POINT 06
Your own testimony
Optional, and a decision to make with the criminal exposure in view.
WEIGH IT
The transcript is the asset. An account given under oath weeks after the event, before positions harden and before an investigator has shaped a narrative, is the most valuable comparator a respondent will obtain anywhere in the case.
HOW TO APPROACH IT
Four moves.
Prepared properly this hearing changes the whole case. Treated as paperwork it costs you.
01Appear, with counsel
Non-appearance produces an order on default and forfeits the forum entirely.
02Cross-examine
This is the early opportunity the campus process will not give you for months.
03Order the transcript
Immediately. It is the comparator for every later account.
04Decide your own testimony last
With the criminal exposure assessed. Frequently the answer is no.
KEEP READING · THE TITLE IX SET
Where this page hands you off.
No page on this site is a dead end. These are the next questions people ask after this one, in the order they usually ask them.
Todd A. Spodek, Managing Partner
FIG. - THE PRINCIPAL
THE LAWYER THE PRESS CALLS
You've seen the defense on Netflix. This is the firm behind it.

Todd A. Spodek is a second-generation trial lawyer whose defense of Anna Delvey became Netflix's Inventing Anna. He appears on Fox News and CNN as a legal analyst, authored "My Advice to Diddy" in The Spectator, and is quoted by the Associated Press when the biggest federal cases break. The record behind the profile: a complete acquittal in a $26M money-laundering trial, RICO charges carrying a 10-year minimum dismissed, and 6 months on a $12M Ponzi case.

Why this firm.

SPODEK LAW GROUP P.C. · EST. 1976
01
Second generation, since 1976

Thousands of clients across five decades. We have dealt with your issue before.

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Loyalty to only you

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Nationwide, fully online

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Todd A. Spodek
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Court appearances · case strategy
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Alex Zhik
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Claire Banks
Federal motions · S.D.N.Y. & E.D.N.Y.
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Joseph Alter
Trial practice · not guilty on all counts, 2025
RB
OF-COUNSEL
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Chad Lewin
Los Angeles · 23+ years
50+ years combined
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