Have you been served a restraining order or accused of violating one? The consequences of these orders in Syracuse, NY, can deeply affect your life and future. Call Passalacqua & Associates, LLC at (315) 500-6425 for legal assistance if you are facing restraining order issues in Syracuse.
We understand what is at stake and are ready to guide you through every step of your criminal matter in Syracuse, New York. Contact us today to schedule a meeting with a Syracuse restraining order lawyer.
Passalacqua & Associates, LLC brings the knowledge and dedication necessary when you’re dealing with restraining order issues. With more than 50 years of combined legal experience, our attorneys have worked on a wide array of criminal cases. We use our extensive courtroom background to assist clients confronting criminal charges in Syracuse, New York.
Our team has secured millions of dollars in compensation for clients who have been injured, helping them achieve the results they deserve. If you need help, reach out today to speak with a Syracuse restraining order attorney.
If you’ve been arrested for violating a restraining order, Passalacqua & Associates, LLC can step in to protect your rights. Here’s how we can help:
We will work tirelessly to help you navigate the complexities of your case and achieve the best possible outcome.
If you’ve been accused of harming or threatening someone, a court can place limits on your actions through what’s known as an order of protection. These orders are designed to create distance and provide safety for someone claiming they feel threatened or have been harmed.
Restraining orders can affect where you live, who you can see, and how you interact with your family, even if no criminal charges have been filed yet. In New York, you can have an order of protection filed against you in the following ways:
Family Court handles protective orders in situations where violence or threats are reported within families or between people in close relationships. This includes current or former spouses, anyone you share a child with, relatives by blood or marriage, or someone with whom you have had an intimate relationship.
Intimate relationship does not mean the relationship has to be romantic or sexual, it just needs to show some personal connection based on how you interacted and for how long.
These cases are civil in nature, not criminal. If a Family Court order is granted, it is meant to help keep those involved in the relationship safe from further harm. The details of these proceedings remain private and are not shared with the public.
If you’ve been charged with a crime, the court might issue a restraining order as a condition when you are released on bail. This type of order can only be put in place if there are criminal charges against you.
When a protective order is needed, the request typically comes from the district attorney on behalf of the alleged victim. A judge reviews the situation and decides whether an order is appropriate. The judge also decides what rules and restrictions will apply if an order is granted.
If the court issues an order, you must follow any instructions it outlines until the case is resolved or the order changes. Violating any part of this order is considered a separate offense, which can lead to more trouble with the law.
The Supreme Court grants orders during divorce cases. The order can be requested as part of divorce proceedings, and a judge decides if protection is needed and sets any rules.
If your case involves domestic violence and there are family as well as criminal complaints, both issues may be heard in this special court. The court can create protective orders covering both matters.
Having a restraining order served against you is serious. Violating it can lead to additional criminal charges, so it’s important to know your rights and obligations as soon as possible.
Violating a restraining order in New York can bring harsh consequences, and the punishment depends on the actions you are accused of.
This charge applies when someone knowingly ignores or disobeys the rules of an order of protection. Even something like sending a single text or phone call when you’re not supposed to can lead to a criminal contempt charge. Penalties include:
This offense is a Class A misdemeanor.
If breaking the order involves threatening behavior or causing the other person to feel real fear for their safety, the charges can be bumped up to criminal contempt in the first degree. Police and courts look at things like repeated threats or displaying weapons. Penalties can include:
This charge is a Class E felony.
This most severe charge happens if the person covered by the order is hurt during a violation. It’s used for cases where someone is injured because the order was ignored, whether the harm happened intentionally or through recklessness. You can face:
This charge is a Class D felony.
If you’ve been arrested for violating a restraining order in Syracuse, you may be able to challenge the charges with one or more of the following defenses.
For you to be found guilty, the prosecution usually has to show that you knowingly broke the terms of the order. If you did not intend to violate the order, this could be a possible defense.
A restraining order must be officially served on you before it can be enforced. If you never received a copy of the order or had no idea it existed, the court can consider this a strong defense.
In some cases, a person might accuse you of a violation that never happened. If you can show that the accusation was made up or the accuser is mistaken, it can work in your favor. You can defend yourself by showing you were somewhere else when the alleged violation occurred.
If the order was unclear or confusing, and a reasonable person could have misunderstood what was allowed, this can sometimes be used as a defense. Getting arrested for breaking a restraining order does not always mean you are automatically guilty.
If you only had contact because of an emergency, such as protecting someone’s safety or responding to a threat, that context might help challenge an accusation of a violation. Courts sometimes take emergencies into account when reviewing what happened.
There are defenses that can be used, which could lead to a better outcome or even get the charges dismissed. Working with a lawyer is the best step you can take to figure out how to defend yourself.
Dealing with a restraining order or being accused of breaking one in Syracuse, NY, can be overwhelming. You don’t have to figure it out on your own. The attorneys at Passalacqua & Associates, LLC have years of experience guiding people through complex legal problems. Contact us today to schedule a consultation with a Syracuse restraining order lawyer.
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.