Has someone filed a restraining order against you in Utica, NY? With consequences that can impact your reputation, time with your loved ones, and your freedom, you can’t afford to take chances. Contact Passalacqua & Associates, LLC for experienced help.
Don’t underestimate the seriousness of this charge, and don’t go through this challenge alone. If you need help with a criminal matter in Utica, New York, we’re here and ready to help. Contact us today at (315) 500-6425 to schedule a confidential consultation with a Utica restraining order lawyer.
When you’ve been arrested for violating a restraining order in Utica, NY, your freedom, reputation, and future can all be at risk. The most important step you can take is to reach out to a criminal defense lawyer at Passalacqua & Associates, LLC as soon as possible.
Here’s why so many people contact our criminal defense lawyers:
Don’t let a restraining order violation threaten the life you’ve built in Utica, New York. We’ll help you from start to finish. Contact Passalacqua & Associates, LLC to speak with a Utica criminal defense attorney.
If you’ve been served with an order of protection in New York, it’s important to know exactly what it means and what courts and rules are involved. A New York court can issue an order of protection to stop someone from harassing, threatening, or physically harming another person.
These orders are often involved in domestic violence situations.
Orders of protection can come from several courts, and the process varies depending on where the case starts:
A criminal defense attorney can help you through the process you face.
If you’ve been served with an order of protection in New York, you need to understand just how much it can affect your life. Here are some examples of what you may have to do or not do as a result:
The consequences of violating any part of these orders can be severe, so always speak with a criminal defense lawyer as soon as possible.
Violating a restraining order/order of protection is a serious offense in Utica and across New York State. Law enforcement and the courts treat these violations harshly, with penalties depending on what happened during the alleged violation.
Breaking the conditions of an order of protection by simply contacting the protected person, coming too close, or ignoring other specific restrictions is typically charged as second-degree criminal contempt, a class A misdemeanor.
Penalties include a fine of up to $1,000 and jail time of up to one year.
When someone violates an order of protection in a way that deliberately causes the protected person to fear for their safety or physical well-being, the charges become much more severe.
This is considered first-degree criminal contempt, a Class E felony. Possible penalties include a fine of up to $5,000 and up to four years in state prison.
If the violation results in actual physical harm or injury to the person protected by the order, you could be charged with aggravated criminal contempt. A conviction for this Class D felony can carry a fine of up to $5,000 and up to seven years in prison.
Even a simple, technical violation can put your freedom and record in jeopardy, making it important to speak with an experienced attorney for help with your defense.
If you’re accused of violating a restraining order in Utica or anywhere in New York, you still have rights and possible legal defenses. Some common ones include:
To be found guilty, you must have been properly served with the restraining order or clearly notified of its conditions. If you were never told about the order or if paperwork was never handed to you according to the law, you can’t be punished for breaking rules you didn’t know you had to follow.
Sometimes, contact happens accidentally, such as running into the protected person in a public place or both parties showing up at a mutual friend’s event without planning it. If you did not deliberately try to violate the order and you left as soon as you realized the alleged victim was there, this can be a solid defense.
There are times when the protected party falsely accuses someone of a violation out of revenge, spite, or to gain leverage in related family court cases. Evidence like text messages, witness statements, or surveillance can show you didn’t initiate the encounter, or prove you didn’t actually violate the specific terms of the order.
The prosecution must prove beyond a reasonable doubt that you actually violated the order. This means they need strong evidence that you broke the rules. If it’s just one person’s word against yours, or the facts don’t add up, your lawyer can argue that you should be found not guilty.
In some situations, your attorney might be able to negotiate a plea deal that reduces the charge, avoids jail time, or leads to dismissal after completing anger management or counseling. A well-negotiated plea arrangement can help you avoid the harshest penalties, especially if this is a first alleged violation.
Working closely with an experienced criminal defense attorney ensures your side of the story is heard and that you don’t get punished unfairly.
Handling a restraining order in Utica, NY, is never simple, but working with experienced legal counsel makes all the difference. Passalacqua & Associates, LLC has over 50 years of legal experience handling even the most complicated cases.
When your freedom, relationships, or future are at stake, you need a team you can depend on. We’ll do everything we can to help you get the outcome you want and deserve. Contact our team today to schedule an initial consultation with a Utica 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.