What is an order of protection in a New York City criminal case?
An order of protection in a criminal case is authorized by the criminal
procedure law, such as section 530.12, and directs a criminal defendant
to stay away from a certain protected person or witness and to refrain
from certain conduct toward them.
It generally requires the criminal defendant to stay away from:
-
A protected person(s) or witness(es)
- Their home
- Their business
- Their place of employment
- Their school
-
And to refrain from communication by
- Telephone
- Voice-mail
- Other electronic means (such as social media)
-
And to refrain from
- Assaulting
- stalking
- harassing
- committing other criminal acts against them
An order of protection is commonly issued at the start of a criminal case but it can be issued at any time the case is pending or made a condition of the final outcome. Orders of protection are routinely issued in situations where a particular person was allegedly victimized by the criminal defendant such as in a domestic violence case but they can even be issued if there is no relationship between the criminal defendant and the protected party. An order of protection can cause serious issues because if the criminal defendant and protected person live together, it may force the criminal defendant to find another place to stay which can be extremely difficult in New York City. If you or a loved-one have an upcoming court date in NYC criminal court or if they are wanted by the NYPD, contact us for help.