We’ve successfully defended clients in hundreds of Order of Protection cases throughout the Hudson Valley.
Order of Protection
Served with an Order of Protection in New York? Here’s What You Need to Know.
Serving Dutchess, Ulster, Orange, Putnam, Columbia, Greene & the greater Hudson Valley.
Understanding Orders of Protection in New York
An Order of Protection—often referred to as a restraining order—is a serious legal matter that can impact your personal life, family relationships, and even your freedom. These court-issued orders are designed to limit or prohibit contact between individuals and may arise from criminal charges, family court petitions, or allegations of harassment or abuse.
While not every order is the same, violations can carry harsh consequences, including criminal contempt charges, jail time, and lasting effects on your record. Navigating this process without skilled legal guidance can feel overwhelming. With the right defense, however, you can protect your rights and work toward a resolution.
At McCabe, Coleman, Ventosa & Patterson, we’ve successfully represented clients across Dutchess, Ulster, Orange, Columbia, Greene, and Putnam counties facing Orders of Protection in both criminal and family court. As former public defenders with decades of courtroom experience, our team knows how to challenge the basis of an order, defend against violation charges, and pursue the best possible outcome for your future.
Standard vs. Order of Protection Violations in New York
| Penalty | Family Court Order of Protection | Criminal Court Order of Protection |
|---|---|---|
| Issuing Authority | Family Court (civil proceeding) | Criminal Court (linked to criminal prosecution) |
| Duration | Temporary (until hearing) or Final (up to 2–5 years) | Temporary (pending case) or Final (2–5 years, longer if felony/violence involved) |
| Restrictions | Can limit contact, communication, or behavior | Often full stay-away, strict no-contact terms |
| Violation Consequences | May trigger criminal contempt proceedings | New misdemeanor or felony charge; immediate arrest |
| Enforcement | Modified or ended only by court order | Modified or ended only by court order |
Additional Potential Consequences
Violating any type of Order of Protection may also result in:
- Arrest on new charges of Criminal Contempt
- Jail or prison time depending on severity
- Loss of custody or visitation rights
- A lasting criminal record that impacts your future
Even if the protected party initiates contact, only the court can modify the order. Any violation—even unintentional—can carry serious legal consequences.
Common Questions About Orders of Protection
Yes. Any violation—no matter how small—can lead to an arrest for Criminal Contempt, which may be charged as a misdemeanor or felony depending on the circumstances. Even if the other person contacts you first, you can still face charges unless the court modifies the order.
It may. Courts often limit or suspend visitation and custody rights when an active Order of Protection is in place. Alleged violations can make it harder to retain or regain those rights.
It depends. Temporary orders last until the next court date or case resolution. Final orders may last up to 2 years for violation-level offenses, up to 5 years for misdemeanors or felonies, and longer if a violent felony or aggravating factors are involved.
Yes, but only by the court. Your attorney can petition to modify or terminate the order if circumstances change or if it was issued in error.
Follow the order exactly as written and avoid any contact that could be viewed as a violation. Speak with an experienced attorney immediately to understand your rights, protect your record, and work toward the best outcome.
Why Choose Us for Your Order of Protection Case?
Let's Put This Behind You
An Order of Protection can disrupt your life, your family, and your future—but it doesn’t have to define them. At McCabe, Coleman, Ventosa & Patterson, we know what’s at stake, and we know how to help you move forward.