Managing the Order of Protection New York for the Falsely Charged

In New York, an Order of Protection (OOP) is a legal measure that protects people against threats or acts of violence. However, its misuse can have serious consequences for those who have been wrongfully charged. An order of protection New York is designed to provide immediate relief in cases of domestic violence, stalking, or harassment. It can limit the accused’s movements, communication, and potentially their work and housing. While the system is designed to protect the weak, false charges can have serious personal, legal, and financial consequences for those accused. Understanding the subtleties of OOPs, the accused’s rights, and the legal defense options available is critical for anyone facing baseless claims.

Why Should You Hire Our Lawyers for Protection Orders in New York?

Here are some of the reasons you could choose a specific law firm for your protection order lawsuit in New York.

Experience with New York Order of Protection Laws: The laws governing orders of protection differ by state and even county. An attorney who is knowledgeable about New York’s Order of Protection procedures can assist you in successfully navigating the process.

Understanding the many types of protection orders: In New York, various forms of protective orders are available, each with its own set of restrictions. A qualified lawyer can tell you the most effective order for your circumstances, whether it is a stay-away order, a refrain-from order, or something else.

History of Effective Cases: Knowing that your lawyer has an archive of being effective with protection order cases might be reassuring. Look for a firm that has achieved positive results for customers in comparable situations.

Compassion and Sensitivity: These cases can be emotionally charged, so find a protective order lawyer in New York who appreciates the gravity of your position and treats you with kindness and respect.

Types of Orders of Protection

• Family Court Orders of Protection are issued in circumstances involving family members or intimate relationships. These orders are frequently obtained in cases of domestic violence.

• Criminal Court Orders of Protection are issued as part of a criminal case, usually when the defendant is charged with a crime against the petitioner.

• Supreme Court Orders of Protection: Issued during divorce proceedings or other civil cases before the Supreme Court.

Consequences of Orders of Protection

Being served with a New York order of protection can have immediate and serious implications, affecting many parts of the accused’s life.

Immediate Effects

• Eviction from Shared House: If the accused lives with the petitioner, they may be ordered to leave the premises.
• Restricted Contact: The order usually limits all forms of contact, including phone calls, messages, or third-party communication.
• Custody and visitation: Orders can limit or ban contact with children.

Long-term consequences

• Criminal Record: Breaking an order of protection can result in criminal charges and a permanent record.
• Employment Impact: When a background check reveals an order of protection, career chances may be affected.
• Social stigma: The accused may endure social and community censure, affecting their connections and reputation.

Steps to Take If You Are Falsely Accused.

Facing a false accusation and an order of protection New York necessitates a calculated and deliberate reaction.

Immediate Legal Steps

• Contact an attorney. Seek legal advice right away, especially from someone who has experience dealing with protective orders and false accusations.

• Gather evidence. Collect any documents, texts, or other proof that contradicts the charges. Witness statements can also be important.

• Document everything. Keep a careful record of all interactions and incidents involving the case.

Personal Conduct

• Avoid Contact: To avoid violations, strictly adhere to the order’s provisions.

• Keep Calm: Maintain your cool and avoid any actions that could be misinterpreted as angry or threatening.

Rights of the Accused

Even if you are accused, you have some rights that need to be safeguarded during the court proceedings.

Right to Hearing

You are entitled to a hearing during which you can tell your side of the story and contest the evidence against you.

Right to legal representation

You have the right to be represented by an attorney, ensuring that your defense is properly handled.

Right to Present Evidence and Witnesses

You can provide facts and summon witnesses to support your position, providing a thorough defense to the claims.

Due Process

The legal process must be fair and just, following established legal norms and protecting your rights.

To sum up: 

With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. For knowledgeable legal help with order of protection New York, contact the Law Offices of SRIS P.C. Our experienced attorneys adhere to protecting your rights and guiding you through wrongful allegations. Contact us today if you need help.