Do you have an order of protection issued against you?
If the answer is YES, then you must be made aware of the changes in the
law concerning court
orders of protection. The law has recently been amended. It is also advisable to have a top
criminal defense lawyer or
family law/divorce lawyer to protect your rights. Call our office today for a free initial
What is an Order of Protection?
An Order of Protection is a court order issued by a judge to protect the
complainant in the New York Criminal Court or New York Family Court. Orders
of protection can also be issued when the person subject to the order
of protection is not present in court. This is called an "Ex Parte"
order of protection.
Orders of protection can order and individual to stay away, refrain from
communicating and committing any criminal acts against the protected party.
The person subject to the order of protection will also be ordered to
surrender all firearms to the local police department. As judges tell
those who are issued an orders of protection, any violation of the order
of protection can result in serious
Recent Amendment to the Law
Effective November 13, 2013 and January 12, 2014 CPL 140.10(4) has been
amended to provide that the person in whose favor an order or protection
or temporary order of protection is issued "may not be held to violate
an order issued in his or her favor nor may such party be arrested for
violating such order."
CPL 530.12(6), (8) was also amended to require that such orders state that
they will "remain in effect even if the protected party has, or consents
to have, contact or communication with the party against whom the order
is issued" and can only be modified or terminated by the court, and
that the protected party cannot be charged with or arrested for violating
such an order.
In other words, the only person who can vacate or amend an order of protection
is a judge. Often the protected party claims to have an order of protection
amended or dismissed and this could potentially lead to an arrest of the
person who has the order issued against them but not the protected party.
Westchester County Criminal Defense Lawyers
As a Westchester county criminal defense
attorneys and a family law/divorce attorneys with offices in
White Plains, New York we know it is very important to keep informed of all changes
in the law the can impact our clients. At
Riebling, Proto & Sachs, LLP we have handled countless criminal, family law and divorce matters and
we always aggressively pursue and protect our client's rights.
We regular appear in all the courts of Westchester County, Rockland county,
Orange County, Putnam County and New York City.
If you or a loved one has been charged with a crime in or outside Westchester
County, New York call the White Plains law firm of Riebling, Proto &
Sachs, LLP for a
free initial criminal defense, family law and/or divorce consultation.
Call or e-mail today. (914) 946-4808