Recently I have met with people that have been accused of violating valid
Orders of Protection. Both persons were arrested and charged criminally with Criminal Contempt.
Orders of Protection are typically issued by either the Family Court or
the District Court. The terms may be to refrain from certain types of
behavior or to stay away from a person or to refrain from corporal punishment
or to refrain from consumption of alcohol or drugs.
If you are charged with violating the Order of Protection you may be arrested
or you may be summoned to the Family Court for a violation but not criminally
charged. Either way the consequences can be serious if the allegations
are true. Any criminal charge is serious and must be effectively dealt
with to avoid jail time. Violations can be charged either as a misdemeanor
or a felony. The District Attorney's office prosecutes criminal cases.
In the Family Court if you are found to have violated an Order Of Protection
the court may also extend the Order of Protection for a longer time period
as well as order incarceration for the violation.
I cannot stress enough the importance of avoiding situations in which you
are alleged to have violated an Order of Protection. Even if you prove
you did not violate the Order you still were forced to endure numerous
court appearances, legal fees and a possible trial.