Orders Of Protection And Your Rights

If you were issued a temporary or permanent order of protection by a court in Nassau County or anywhere in New York, it can feel like a no-win situation. It may seem like you are pegged guilty before proven innocent, or that your side of the story was not taken into account. During this difficult time, it is important to remember that you can fight back. With aggressive legal representation, you may be able to have the restraining order removed.

Fighting Back When You Have Been Issued A Restraining Order

At Lerner & Lerner, P.C., we understand what is at stake when you face an order of protection.

Collateral consequences may include:

  • A public criminal record
  • Loss of the right to own a firearm
  • Loss of custody of your children
  • Damage to your reputation

Our lawyers are here to help you understand your rights, and the best way to fight your restraining order, regardless of your specific circumstances. We have been defending clients across Long Island and throughout the state against criminal charges for a long time. We understand how to approach orders of protection, and can help you find the best possible results for your unique case.

Understanding Domestic Violence and Orders Of Protection In New York State

In New York, there are two types of orders of protection — a "full stay away" and a "do not harass." With a full stay away, the defendant is not allowed any contact with the accuser. This can be particularly difficult if the alleged victim is your spouse and you live together.

In these cases, you would not be allowed back home to pick up your belongings, and you would not be allowed home to see your children. In a do-not-harass order (sometimes referred to as a refrain from order), you may be granted contact with the accuser, but you are prohibited from engaging in harassing or intimidating behavior. A judge will rule on the specifics of your order.

Beware Of Serious Consequences For Violating An Order

Whether you are issued a temporary or permanent order of protection, it is important to take it seriously and follow the rules laid forth. Do not violate an order of protection. Doing so will get you into even more trouble with the law. There are legal ways we can fight for the order to be removed. However, if you have made a mistake and violated an order of protection, our law firm can help defend against these charges and find the best possible results for your specific circumstances.

With new laws regarding domestic violence in New York, judges may be more likely to issue orders of protection than they were in the past. Learn how these new domestic violence laws may affect your defense of an order of protection.

Contact Our Long Island Restraining Order Lawyers

The first step in protecting your rights starts with a call to our law firm. Contact our Nassau County, NY, orders of protection attorneys today at 516-741-4100.

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