Criminal Defense Lawyers

New York Order of Protection Frequently Asked Questions

An order of protection is the official name for court decrees that are generally referred to as restraining orders. Orders of protection might be issued from a variety of courts including family court, criminal court, and the New York Supreme Court. The order exists to limit any behaviors that have been construed as threatening to another individual. Typically, orders of protection involve orders to “stay away,” which means that you’re required to stay a specific distance from another individual at all times.

What can orders of protection do besides order you to stay away?

Every order of protection is unique and based on the judge’s discretion. The judge will put measures in place for the protection of the victim. The exact form these measures take will depend on the relationship that the two people have and the circumstances of the order. Orders of protection might force you to stay away from the family of the victim as well as the victim themselves. You might also be ordered to keep away from the pets of the victim. The order of protection might include orders for you to complete certain tasks like the payment of child support or the following of custody agreement terms.

What happens when an order of protection is violated?

Violation of an order of protection is a violation of the law. When you break an order of protection, you might be arrested and have criminal charges leveled against you. Even if no physical harm came to the person who you’re meant to be staying away from, you can still face criminal charges. If you break any of the terms in the order, you can be arrested. If you’ve been accused of breaking of a protection order, you need to find an experienced defense attorney to represent you in New York. Spodek Law Group is a group of NYC lawyers who have been practicing for more than forty years.

What happens if you keep receiving communication from the person who originally requested the order?

When the order of protection has terms that specifically ban you from communication with the other person, any communication is a violation — even if the other party initiates it. For this reason, it’s important to ignore calls and emails and not to respond to them. If you answer a phone call and speak to the person who requested the protection order, then you might be faced with criminal charges.

How long do orders of protection last?

Under the usual circumstances, an order of protection will be issued the moment an application of the complainant witness has been processed. Alternatively, it might be issued during an arraignment of a defendant if the defendant stands accused of domestic violence, stalking, assault, or any other interpersonal crime that could make another individual feel threatened.

The order that is issued immediately is usually issued on a temporary basis. Temporary restraining orders usually expire before the case concludes. However, the requesting party can renew them if they feel that the protection is still necessary.

When the case is resolved, temporary orders of protection might be replaced with permanent orders of protection. That said, a permanent order of protection isn’t actually permanent. These orders usually last for a period of one year, but there are some stronger orders that can expire after five years.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

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2024-02-28

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divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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The circumstances that led to the issue of the order might also lead to criminal charges against you. It’s important that you discuss your case with your attorney and choose the best option for you.