If someone obtains a restraining order against you in New York, it can have serious and far-reaching consequences. You may face arrest and jail time, and may lose access to your children, home, and other possessions. The burden of the restraining order can be extreme and costly, and it is important to take action to protect yourself.
A restraining order is a legal order issued by a judge that requires one person to stay away from and not communicate with another person. Restraining orders are often issued in cases involving allegations of violence or dangerous behavior by a family member or domestic partner. It is important to note that the allegations do not have to be proven for a restraining order to be issued.
An experienced New York criminal defense attorney can help you have a temporary restraining order (TRO) lifted or keep a final restraining order (FRO) from being issued or from being overly restrictive. An attorney from the Law Offices of Patrick Parrotta in New York can protect your rights and work to prevent unwarranted judicial rulings against you and your interests.
At the Law Offices of Patrick Parrotta, our attorneys have a wealth of experience in handling domestic violence cases and restraining orders. Many of our attorneys have previously worked as prosecutors or public defenders in municipal courts throughout New York, and have a strong understanding of the legal system in the state. We are skilled and compassionate negotiators who are committed to finding strategic solutions that work for everyone involved in the cases we handle. We also have positive professional relationships with prosecutors across New York, which can be helpful in finding resolution to your case. If you are facing a restraining order or other legal issues related to domestic violence, don't hesitate to contact us for help.
If you are dealing with a restraining order or have been charged with domestic violence, it is important to get legal help as soon as possible. The Law Offices of Patrick Parrotta is here to provide the representation you need. Contact our office today to schedule a free initial consultation with one of our attorneys.
What Does a Restraining Order Mean in New York?
A person who claims to be a victim of domestic violence in New York may seek a temporary restraining order (TRO) against their alleged abuser from a judge in the Family Division of the local county Superior Court or at the local police station. A municipal court or superior court judge who finds that the petitioner has presented credible evidence that an act of domestic violence has occurred will issue a TRO.
If someone is arrested for domestic violence in New York, it is common for police to request and almost always obtain a temporary restraining order (TRO) against the individual in custody. A TRO is a legal order that requires one person to stay away from and not communicate with another person.
A judge may grant numerous restrictions against a defendant in a TRO, such as:
Prohibiting the defendant from returning to the scene of the alleged violence and/or from access to other locations, such as a home or business
Prohibiting any communication or contact with the accuser or the accuser’s relatives in person, by telephone or in writing (including by text, email or other online communication)
Prohibiting the defendant from possessing a firearm or weapon
Requiring the defendant to pay temporary child support to the accuser
Requiring the defendant to relinquish exclusive possession of the residence to the accuser
Requiring the defendant to relinquish temporary custody of children to the accuser
All TROs issued in New York require the police officer who serves the order on the defendant to seize all weapons in the defendant’s possession as well as any permit or licenses allowing them to obtain a gun or firearm.
Violating a restraining order is considered contempt of court, which is a fourth-degree offense in New Jersey. If you are found guilty of contempt of court, you may face up to 18 months in jail and a fine of up to $10,000.
The issuing court is to schedule a hearing within 10 days of the date of the TRO, at which the judge will determine whether to make the restraining order final.
If you are facing a temporary restraining order (TRO) in New York, it is crucial to have an experienced defense attorney by your side at the hearing. Your accuser will likely have an attorney present who is trying to make the terms of the TRO permanent. Having a defense lawyer who understands the ins and outs of restraining orders and domestic violence cases in New York can be essential in protecting your rights and interests.
An attorney from the Law Offices of Patrick Parrotta can challenge the evidence against you and present evidence on your behalf, such as reasons to lift the TRO or to explain the hardships created by terms of the restraining order.
Who May Seek a Restraining Order in New York?
Restraining orders are issued to individuals in New York who demonstrate to a judge that they are victims of domestic violence. Under N.Y. statutes, a domestic violence victim may be:
An adult (18 years old or older) or emancipated minor who has been subjected to domestic violence by a:
Spouse
Former spouse
Any other present or former household member
Any person with whom the victim has had a dating relationship
Any person whom the victim anticipates having a child in common because the victim or abuser is pregnant
Anyone who, regardless of age, has been subjected to domestic violence by a person with whom the victim:
Has a child in common
Anticipates having a child in common, because the victim or abuser is pregnant
Anyone who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
Elderly adults, disabled adults, and children may also be victims of domestic violence and abuse, but these cases are often charged under different laws.
Such persons above must also present credible evidence that they have suffered domestic violence. Under N.Y. law, domestic violence is the commission of one or more of the following offenses:
Homicide
Assault
Terroristic threats
Kidnapping
Criminal restraint
False imprisonment
Sexual Assault
Criminal Sexual Contact
Lewdness
Criminal mischief
Burglary
Criminal trespass
Harassment
Stalking
In most cases, the object of a restraining order faces charges of domestic violence based on one or more of the crimes above, as well.
How Our Attorneys Can Help You with a N.J. Restraining Order
A claim of domestic violence can often involve conflicting accounts from both parties involved. However, judges will often give more weight to the testimony of the complainant, particularly if there is evidence of injury or emotional distress. In the state of New York, it is relatively easy to obtain a temporary restraining order (TRO) to protect an individual from further harm.
As your defense attorneys, the Law Offices of Patrick Parrotta will work to keep a TRO from becoming a final restraining order (FRO). We will make sure your side of the story is heard, understood and duly considered.
If you have been arrested and are being held in custody on a domestic violence charge, our first priority will be to work towards securing your release. We will take a detailed statement from you and conduct a thorough investigation to prepare for the hearing, which will take place 10 days after a temporary restraining order (TRO) has been issued.
Among the questions we will seek to answer are:
Has a true, intentional incidence of domestic violence occurred?
Are there prior incidents of domestic violence?
Is there reasonable cause for the accuser to continue to fear for his or her safety?
A temporary restraining order (TRO) can typically be lifted if the accuser is unable to provide evidence that the three elements necessary for the TRO to remain in place still exist. In cases where a domestic dispute has escalated and it is the first time such an incident has occurred, a judge may consider the defendant's remorse and willingness to take responsibility for their actions in deciding whether to lift the TRO.
Judges have a responsibility to protect individuals who are being harmed, but they also understand that couples may sometimes have disagreements and that conflicts can escalate. After a period of time has passed, such as 10 days after an incident, the accuser may view previous accusations and charges differently and may even decide to withdraw them.
Our attorneys are skilled, experienced and compassionate negotiators. As your legal counsel, we can reach out to your accuser, if appropriate.
In some cases, it may be possible to persuade the court to impose fewer or less stringent restrictions, such as allowing the defendant to spend time with their children, provided they agree to certain conditions, such as enrolling in anger management classes. It is important to have experienced legal representation to present a strong case and advocate for your rights in these situations.
It is important to have a skilled and experienced New York domestic violence defense attorney by your side to ensure that your rights are fully protected during a restraining order hearing. Our attorneys are knowledgeable and have the professional relationships necessary to seek the most favorable outcome possible for you.
Many domestic violence cases involve conflicting accounts from both parties involved. In the state of New York, it is not uncommon for temporary restraining orders (TROs) to be lifted and domestic violence charges to be dropped when the defendant has retained competent legal representation. Having a skilled attorney on your side can make a significant difference in the outcome of your case and protect your rights.
Contact Our New York Theft Crime Defense Lawyers Today
If you are subject to a temporary restraining order (TRO) issued in the state of New York, it is important to seek legal assistance as soon as possible. Our experienced criminal defense attorneys can help you navigate this complex process and protect your rights. It is a mistake to try to face a restraining order hearing on your own, as you only have 10 days to prepare.
Our team of legal professionals is committed to protecting your rights and ensuring that you are not subjected to severe punishments, such as those that may be included in a final restraining order (FRO) for domestic violence that has not yet been proven. If you are in need of legal assistance, do not hesitate to contact the Law Offices of Patrick Parrotta for a free initial consultation. Our team is dedicated to providing strong and dedicated representation to help you navigate this difficult situation.
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