Court Violations
Order of Protection Violation
An order of protection violation can lead to an immediate arrest — even if you had no intention of violating it, even if the other party contacted you first, and even if you believe the original order was unjust. I have seen clients arrested for responding to a text message initiated by the protected party. In New York, the law places the obligation entirely on the restrained party to avoid contact — not the protected party.
If you have been charged with violating an order of protection, or if you believe you may have accidentally done so, call me immediately. This is a situation where speed matters.
What Is Criminal Contempt in New York?
Violating an order of protection is charged as Criminal Contempt under New York Penal Law Article 215.
- Criminal Contempt in the Second Degree (§ 215.50): Intentionally disobeying a court order. Class A misdemeanor. Up to 1 year in jail.
- Criminal Contempt in the First Degree (§ 215.51): Violating an order by following, telephoning, or appearing within sight of the protected person; making threatening contact; or violating an order with intent to harass, annoy, or alarm when the order was issued after a prior finding of criminal contempt. Class E felony.
- Aggravated Criminal Contempt (§ 215.52): Violating an order and causing physical injury or placing the protected person in reasonable fear of physical injury. Class D felony.
The "Invited Contact" Defense
One of the most common situations I see: the protected party initiates contact — a phone call, a text, showing up at the defendant's home — and the defendant responds. When police get involved, only the restrained party is arrested. This seems profoundly unfair, and in many ways it is. However, the current state of New York law holds the restrained party responsible for avoiding all contact regardless of who initiates it.
The fact that the protected party initiated contact is a relevant fact in the case — it affects the credibility of the alleged violation, the intent of the defendant, and potentially the court's willingness to modify the order. But it is not a complete legal defense. Understanding what it is and what it is not is critical to navigating these cases effectively.
Frequently asked questions
Speak with Yvonne directly
Order of protection violations require immediate legal attention. Call (845) 290-2492 right now — I answer 24 hours a day. Se habla español.