Are you facing a restraining order in Newburgh, New York? Contact now Larkin Ingrassia Andrews Criminal Defense Attorneys for a free consultation at (845) 566-5345. Our Newburgh restraining order lawyers can fight for your rights and help you navigate the legal process appropriately from start to finish.
Our law firm is one of the most respected criminal defense practices in the Hudson Valley. With more than 50 years of combined experience practicing law, you can count on our trial attorneys to advocate for your rights at every court appearance and hearing.
Why Hire Larkin Ingrassia Andrews Criminal Defense Attorneys if I’m Facing a Restraining Order in Newburgh, New York?
Restraining order cases move quickly compared with other kinds of criminal defense cases, and the consequences can reach into nearly every part of your life. Having a knowledgeable Newburgh criminal defense attorney in your corner can make all the difference in how your case plays out and the outcome you ultimately receive.
Larkin Ingrassia Andrews Criminal Defense Attorneys has been representing clients in Newburgh and throughout Orange County for over four decades.
Here are some reasons to consider hiring our award-winning legal team for your case:
- We bring decades of combined legal experience to every matter we handle
- Our attorneys have deep familiarity with the Newburgh courts and local procedures
- We take the time to understand your specific situation before developing a strategy
- We’ll be prepared to represent you at emergency hearings on short notice
- We’ve earned recognition from peers and clients alike for our dedication
We understand the delicate nature of restraining order cases and will stand by your side to make sure your voice is heard. Reach out today for more information about what you should do next.
Orders of Protection in New York
New York uses the term “order of protection” rather than “restraining order,” though both terms are commonly used. An order of protection is a court order that directs one person to stay away from or stop certain behavior toward another person. These orders can be issued by a criminal court, a family court, or the Supreme Court, depending on the circumstances.
There are two main types of orders of protection in New York:
Temporary Orders of Protection
A temporary order of protection can be issued on the same day a petition is filed or at an arraignment in a criminal case. The judge does not need to hear from both sides before granting a temporary order.
These remain in effect until the next court date, at which point the judge will decide whether to extend, modify, or dismiss the order.
Final Orders of Protection
A final order of protection is issued after a hearing at which both parties have the opportunity to present their cases. These orders can last for varying lengths of time depending on the situation.
For example, in family court, a final order can last up to 2 years in most cases or up to 5 years if certain aggravating factors are present. In criminal court, the duration may be tied to the sentence or the length of probation.
When Can an Order of Protection Be Issued in Newburgh?
An order of protection can be requested in a number of different situations in New York State. In family court, for instance, the petitioner must have a specific relationship with the person they’re seeking the order against.
Under New York Family Court Act § 812, eligible relationships include:
- Current and former spouses
- People related by blood or marriage
- People who share a child together
- People in an intimate relationship
- Members of the same household
Alternatively, in criminal court, an order of protection can be issued whenever criminal charges are filed, regardless of the parties’ relationship. Common charges that lead to orders of protection include assault, harassment, offenses involving domestic violence, and others.
What Can an Order of Protection Require?
The terms of an order of protection depend on the facts of the case and the level of protection the court believes is necessary. Orders generally fall into two categories: “full” orders and “limited” orders.
A full order of protection, sometimes called a “stay away” order, requires the subject to have no contact at all with the protected person. Meanwhile, a limited order of protection allows some contact but restricts certain behaviors. For example, the court might allow the subject to remain in the same household but order them to refrain from any threatening and harassing conduct.
Violations of either type of order can result in criminal charges. Per New York Penal Law § 215.51, criminal contempt in the first degree is a Class E felony that can lead to up to four years in prison. A lower-level violation can still result in arrest and additional charges that make your legal situation significantly worse.
How a Restraining Order Can Affect Your Life in Newburgh, NY
The consequences of having an order of protection issued against you can go well beyond the specific terms of the order itself.
Depending on the facts and circumstances of your situation, an active order of protection can affect your:
- Living situation, potentially requiring you to leave your home
- Child custody and visitation rights
- Employment, particularly if your job requires a clean record
- Right to possess firearms under both state and federal law
- Immigration status, if applicable
- Personal reputation within your community
It’s critical to take these proceedings seriously from the very beginning, considering everything that is at stake. Regardless of whether you believe the allegations against you are false, failing to respond properly can result in a default order that limits your rights for years.
What Defenses Can I Raise Against an Order of Protection in New York State?
If someone has filed for an order of protection against you in Newburgh, you will eventually have the right to defend yourself at a hearing. The petitioner still needs to present enough evidence to convince the judge that the order is warranted. Depending on the facts of your case, there are several arguments your attorney may be able to raise on your behalf.
Some common defenses in order of protection cases include:
- The alleged incidents did not happen as described
- The petitioner’s claims are exaggerated or fabricated
- There is no credible evidence of harmful behavior
- The petitioner is using the order as leverage in a family law dispute
- You were acting in self-defense during the incident in question
- The petitioner does not meet the required relationship threshold under the law
Keep in mind that even if a temporary order has already been granted against you, that does not mean a final order is guaranteed. The hearing for a final order gives you the chance to tell your side and push back against the allegations in front of a judge.
How Can a Criminal Defense Lawyer Help Me With a Restraining Order Case?
Restraining order proceedings involve strict deadlines and hearings that can be scheduled with very little notice. Hiring a criminal defense lawyer is a practical necessity if you find yourself facing circumstances like these.
Our restraining order attorneys in Newburgh can get to work and:
- Review the petition and identify weaknesses in the allegations against you
- Prepare you for what to expect at the hearing
- Gather evidence and witness testimony in your favor
- Represent you in court and cross-examine the petitioner
- Argue for the order to be dismissed if possible
- Advise you on how to comply with any temporary order while your case is pending
One of the most important things to understand about restraining order cases is that they can have a direct connection to criminal proceedings. If criminal charges are involved, what happens in your order of protection case can affect your criminal case and vice versa. Our criminal defense attorneys have experience handling both sides of that equation and can help you avoid making moves in one proceeding that could hurt you in the other.
Contact Our Newburgh Restraining Order Attorneys to Set Up a Free Consultation
Restraining order cases in Newburgh can affect your freedom and your future dramatically. If you need to defend yourself against an order of protection, having the right attorney on your side matters more than you might initially expect.
Larkin Ingrassia Andrews Criminal Defense Attorneys is here to help you, with more than 50 years of combined experience representing clients in Orange County and throughout the Hudson Valley. We understand how these cases work in the local courts and will fight to make sure your rights are protected every step of the way. Contact our Newburgh restraining order attorneys today to schedule a free consultation.