Orders of Protection in New York: What You Need to Know
📞 Call Mindin & Mindin, P.C. at 888-501-3292 for a Free Consultation.
Orders of Protection can have serious and lasting consequences. Whether you are seeking protection from abuse or defending yourself against allegations, the legal process can be overwhelming and emotionally charged. At Mindin & Mindin, P.C., we have extensive experience handling both sides of Order of Protection cases, ensuring that our clients receive the strongest possible advocacy.
Understanding Orders of Protection in New York
An Order of Protection (OOP) is a court order issued to prevent harm, including:
✔ Domestic violence
✔ Threats and harassment
✔ Stalking and intimidation
✔ Verbal and physical abuse
OOPs can be issued in Family Court, Criminal Court, and Supreme Court (as part of a divorce case). Whether you are seeking protection or facing allegations, it is critical to have skilled legal representation to protect your rights, reputation, and future.
Types of Orders of Protection
Not all Orders of Protection are the same. Understanding the differences is essential to knowing your rights and responsibilities.
1. Full Stay-Away Order (No-Contact Order)
🚫 Prohibits all contact between the petitioner (person requesting the order) and the respondent (person accused).
🚫 No phone calls, texts, emails, social media, or third-party communication.
🚫 If both parties live together, the respondent may be excluded from the home (exclusion order).
2. Limited (Do-Not-Harass) Order of Protection
✔ Allows communication and contact between the parties.
✔ Prohibits harassment, intimidation, threats, or verbal abuse.
✔ Often issued when children are involved, allowing co-parenting while setting behavioral restrictions.
3. Temporary Orders of Protection
⏳ Issued before a final decision is made in court.
⏳ Can be granted without a hearing, often on the same day it is requested.
⏳ Protects the petitioner until the case is resolved.
4. Final Order of Protection
⚖ Issued after a hearing or agreement between the parties.
⚖ Typically lasts 1 to 2 years, but can be extended for up to 5 years in cases of aggravating circumstances, such as weapons use or serious injury.
How Orders of Protection Impact Your Life
🚨 For Petitioners (Those Seeking Protection)
An Order of Protection can help keep you and your children safe. Courts take these requests very seriously, but evidence must be provided to support claims of abuse, harassment, or threats. If you need urgent protection, our attorneys can help you file quickly and ensure your safety.
🚨 For Respondents (Those Facing an Order of Protection)
Being the subject of an Order of Protection can be life-altering, affecting custody of your children, employment opportunities, and your criminal record. Due to the lower burden of proof in Family Court, false or exaggerated accusations can be used as leverage in divorce and custody battles. If you have been served with an Order of Protection, you must act fast to protect your rights and reputation.
What Happens If You Violate an Order of Protection?
Violating an Order of Protection is considered criminal contempt and can result in serious penalties, including jail time. Consequences may include:
❌ Immediate arrest
❌ Criminal charges for contempt of court
❌ Fines and probation
❌ Loss of custody or visitation rights
Even accidental contact or third-party communication (such as sending messages through a friend or relative) can be considered a violation. If you have an active Order of Protection against you, following the order’s terms and working with an experienced attorney to fight unjust restrictions is crucial.
Why You Need an Experienced Order of Protection Lawyer
At Mindin & Mindin, P.C., we understand the serious implications of an Order of Protection. Whether you are:
✔ Filing for protection due to domestic violence
✔ Fighting false or exaggerated accusations
✔ Seeking to modify or challenge an existing order
We have the experience, knowledge, and courtroom skills to advocate for you aggressively.
How We Can Help:
✅ For Petitioners:
🔹 Help gather evidence and file the strongest possible petition.
🔹 Represent you in court to ensure you receive full legal protection.
🔹 Assist in custody and divorce cases impacted by domestic violence claims.
✅ For Respondents:
🔹 Challenge false accusations with strong legal defense.
🔹 Prevent unjust restrictions on your home, job, or parental rights.
🔹 Work to modify or dismiss an unfair Order of Protection.
📞 Don’t wait—call 888-501-3292 today for a free consultation!
Frequently Asked Questions
❓ Can I get an Order of Protection without filing criminal charges?
✔ Yes, Orders of Protection can be issued in Family Court without criminal charges.
❓ What should I do if I was falsely accused?
✔ Do not contact the petitioner—even to “clear things up.” Instead, call our experienced attorneys immediately to start building your defense.
❓ How long does an Order of Protection last?
✔ Temporary orders last until the final court hearing.
✔ Final orders typically last 1 to 2 years, but can be extended for 5 years in serious cases.
❓ Can an Order of Protection affect my job?
✔ Yes. An active Order of Protection may appear on background checks and can impact employment, professional licenses, and gun ownership.
Call Mindin & Mindin, P.C. Today!
If you are involved in an Order of Protection case in New York City, Brooklyn, Queens, Bronx, Manhattan, Staten Island, Long Island, or Westchester, you need a highly skilled attorney to protect your rights, reputation, and future.