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Violation of Order of Protection Lawyers
How to Handle a Violation of Order of Protection
It is possible for a court to limit a person’s behavior if they have harmed or threaten to harm another person. The court could issue an order of protection. This is done to handle a variety of safety issues involving domestic violence and more. Supreme courts, as well as criminal courts and family courts, can all issue orders of protection.
Family Court
This court will often issue an order of protection as part of a civil proceeding. The goal is always to end violence or threats of violence between individuals involved in an intimate relationship as well as between family members. It is designed to protect anyone affected by violence. A family court can issue an order of protection against someone who has a child in common with another person, is a former or current spouse, family member by blood relation or marriage. This can also be done when two people have had an intimate relationship.
Criminal Court
If the person is arrested and has been shown to be abusive toward a witness, a criminal court could issue an order of protection. It does not have to involve a family member or people in an intimate relationship for a criminal court to issue an order of protection. It’s also possible for a criminal court to issue an order of protection to protect the victim of a crime. A judge in the criminal court will determine the terms and conditions of the order of protection.
Supreme Court
It is possible for a supreme court to issue an order of protection in a case involving an ongoing divorce. This is often granted after a person makes a written request as part of a motion to the court. It could also be requested as part of an order to show cause. An order of protection can also be requested as part of an oral request during a court appearance.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Petitioner Initiating Contact
There are situations where a petitioner is granted an order of protection and violates it. The section covering no contact is most often violated by a petitioner. People must understand, an order of protection can only be changed by the court. It doesn’t matter if a petitioner changes their mind and wants to initiate contact. If the subject of the order of protection responds to a petitioner’s request for contact, they could still be charged with criminal or civil contempt. They could face legal consequences even if the contact is initiated by the petitioner. A court may not penalize someone for answering a phone call or responding to an email from the petitioner, but it may be safest to not engage in such contact.
Punishment
When a person is charged with violating an order of protection, they are facing a serious situation. They could be arrested and charged with criminal contempt in the second degree. This is classified as a Class A misdemeanor. If a person is convicted of this charge, they could be incarcerated for up to twelve months and be required to pay a fine of $1,000. A charge of criminal contempt in the first degree could also be given. This will be charged if a person intentionally causes or attempts to cause the petitioner to flee for their safety after being contacted. It could involve a person brandishing a weapon or behaving in an intimidating way. This is classified as a Class E felony. If convicted of this, a person could be incarcerated for up to four years and be forced to pay a fine of up to $5,000. If the subject of an order of protection is found guilty of intentionally or recklessly causing injury to the petitioner; they could be charged with aggravated criminal contempt. This is categorized as a class D felony, and a person could be incarcerated for up to seven years and forced to pay a fine of $5,000.
Defense
It is common for a violation of an order of protection to happen because of a misunderstanding by one or both of the parties involved. It will always be important to understand the circumstances of the violation. A lawyer will know how to protect a person’s rights in this situation.
Contact
An experienced attorney will know how to examine all the facts of a case. The motivation behind the charges will be determined. When a person is charged with this crime, it is important they contact a knowledgeable and experienced attorney. These legal professionals will know the best possible way to obtain an acceptable result.