When an arrest involves a family or household member, a judge will almost always issue a temporary order of protection at arraignment. That order can remove you from your home and limit contact with your children before any evidence has been tested.
These cases move in more than one court at the same time. We coordinate the criminal defense with any Family Court petition so that what you say or agree to in one place does not damage you in the other.
Orders of protection
- Criminal courts issue orders under CPL § 530.12 for family offenses. A “full” order bars contact; a “limited” order bars only harassing or threatening conduct.
- Family Court can issue orders on a family offense petition under Family Court Act Article 8, and both courts can act on the same events.
- Violating an order, even with the protected person’s consent, can be charged as criminal contempt under PL §§ 215.50–215.51.
- Orders can be modified. We can ask the court to change a full order to a limited one when the facts support it.
Collateral consequences
- Firearm licenses are typically suspended and guns must be surrendered while an order is in effect.
- Immigration consequences can follow from certain domestic violence convictions and from violations of orders.
- Custody, visitation and housing can all be affected by the outcome.
Questions clients ask
Can I go home if the order of protection says no contact?
No. Until the order is changed by a judge, you must follow it even if the protected person invites you back. Contact can lead to a new arrest. Talk to a lawyer about asking the court to modify it.
This page is general information about New York law, current as of its last review. It is not legal advice about your situation, and laws and court practices change. Speak with a lawyer about the facts of your case.