If you’ve been arrested or accused of a crime in New York City, especially involving domestic violence, assault, harassment, or stalking, you may also be facing an Order of Protection – even if you haven’t been convicted of anything.
Orders of Protection are serious. Violating one can result in additional criminal charges, jail time, and major disruptions to your personal life. At The Law Office of Yifei He, PLLC, we defend individuals in New York City who’ve had protective orders issued against them – because we believe everyone deserves a fair defense and a chance to tell their side of the story.
If you’ve been served with an order or are worried about violating one, call (917) 338-7678 or contact us online for a free consultation today.
What Is an Order of Protection?
An Order of Protection (also known as a restraining order) is a court-issued order intended to prevent contact between two people. In criminal cases, it’s often issued after an arrest – even before any evidence is presented in court.
There are two main types:
- Full Order of Protection: Prohibits all contact with the protected party – no phone calls, texts, in-person contact, or third-party communication.
- Limited Order of Protection: Allows contact but prohibits certain behaviors, such as harassment or threats.
These orders are commonly issued in cases involving:
- Domestic disputes
- Intimate partner violence
- Assault or threats
- Harassment or stalking
- Criminal contempt or violations of previous orders
What Happens If You’re Served With an Order of Protection?
You’ll likely be served the order at your arraignment or shortly afterward. Even if you disagree with the allegations, you are legally bound to follow the terms of the order until a judge changes or lifts it.
Depending on the circumstances, an Order of Protection may:
- Require you to move out of your home
- Prevent you from seeing your children
- Impact immigration status if you’re not a U.S. citizen
- Be used against you in custody or divorce proceedings
What Happens If You Violate an Order of Protection?
Violating the terms of the order – even accidentally – can lead to new criminal charges, such as:
- § 215.50 Criminal Contempt in the Second Degree. (Class A misdemeanor)
- § 215.51 Criminal Contempt in the First Degree. (Class E felony if the violation is repeated or involves threats, intimidation, or physical contact)
The consequences may include:
- Arrest and jail time
- Bail revocation
- New charges added to your case
- Increased scrutiny from the court
Important: The protected person cannot give you permission to violate the order. Even if they reach out, you must not respond unless the court officially modifies or removes the order.
How a Criminal Defense Attorney Can Help
Attorney Yifei He understands how protection orders can turn your life upside down – especially if they’re issued based on false accusations or misunderstandings. Here’s how our firm can help:
- Challenge or Modify the Order: We can petition the court to change the terms if they’re overly broad, unreasonable, or no longer necessary.
- Defend Against Alleged Violations: If you’re accused of violating the order, we’ll investigate the facts and fight to protect your record.
- Strategic Criminal Defense: Protection orders often go hand-in-hand with broader criminal charges. We’ll build a defense that considers the full scope of your situation.
Your Rights Still Matter – Even When a Protection Order Is Involved
Just because an order has been issued doesn’t mean you’re guilty. You have the right to fight the underlying charges, the protection order, and any violations you’re accused of. Don’t let a court order dictate your future without putting up a defense.
We’re Here To Help – Schedule a Free Consultation
If you’re dealing with a criminal case and an Order of Protection in Manhattan or anywhere in NYC, get legal help immediately. We’ll explain your options, help protect your rights, and fight for the best possible outcome.
Our Office in Manhattan’s Financial District is located at 32 Broadway, #1710 New York, NY 10004 – Call now for a free consultation: (917) 338-7678.
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