A topic of usual concern for clients involved in both Family Law Cases and
Criminal Defense Cases is the issuance of an order of protection by the court. The attorneys
at Riebling, Proto & Sachs, LLP regularly appear in the Family Courts
and Criminal Courts of Westchester, Orange, Rockland, Dutchess, Putnam,
the Bronx, Brooklyn, Queens, and New York to defend clients against the
issues that arise when an order of protection is issued.
An order of protection may be granted in a number of different cases pursuant
to various criminal and civil statutes, including Criminal Procedural
Law sections 530.12(1) and 530.13(1); Articles 3, 4, 5, 6, 7, 8 and 10
of the Family Court Act; and Section 240(3) of the Domestic Relations
Law. Generally, orders of protection fall under two categories, temporary
and permanent. A temporary order of protection is typically made during
the pendency of the action. A permanent order of protection is usually
issued at the conclusion or disposition of the case. Frequently, temporary
orders of protection precede permanent orders of protection.
New York Law prohibits the extension of an order of protection to a person(s)
unrelated to the underlying criminal action. See People v. Konieczny,
2004 WL 1263762 (N.Y. 2004). The order of protection may cover the complainant
and family or household, but not beyond. People v. Petrusch, 306 A.D.2d 889.
Orders of protection may also be issued in instances where the person being
“protected” by the order opposes the terms of the order of
protection and does not want the defendant being barred from contacting
him or her. People v. Monacelli, 299 A.D.2d 916. This particular event
often occurs in cases involving spouses and families.
In criminal cases, an order of protection may be part of the court’s
order allowing for the defendant release from custody. CPL Sections 530.12
(family offenses) and CPL 530.13 (non-family offenses). At times, a court
may issue an order of protection on its own, based upon “good cause
shown”, when an accusatory instrument (complaint) is filed by the
prosecution. In such an instance, the defendant has a right to contest
the issuance of the order of protection in those circumstances where a
constitutionally protected right, such as being excluded from the defendant’s
residence or being prohibited from contacting the defendant’s family,
Also, a court can suspend or revoke a pistol permit and possession of firearms.
A defendant has a right to hearing on the issue of firearms. It should
be noted that a violation of an order of protection due to firearm possession
is also a violation of federal criminal law.
By understanding these important aspect of the law as they pertain to orders
of protection, the criminal, matrimonial and family law (child custody,
child support, family offense) trial attorneys of Riebling, Proto &
Sachs, LLP continue to successfully assist their many clients.
If you or someone you know needs the assistant of a criminal, family or
matrimonial attorney, please
contact Riebling, Proto & Sachs, LLP for a free consultation. The firms trial attorneys regularly appear in
the courts of Westchester, Bronx, Rockland, Putnam, Dutchess and Orange
Counties in New York State.