NEW YORK ORDERS OF PROTECTION

If you have been arrested for Domestic Violence in New York City, you are under a Criminal Court Order of Protection. A criminal court order of protection is issued as a condition of a defendant’s release and/or bail in a criminal case. A criminal court order of protection may only be issued against a person who has been charged with a crime.
Criminal cases are prosecuted for the State of New York by the district attorney. Although the district attorney may start a criminal case before a person is arrested, a criminal case usually begins with a person’s arrest. The person charged with abuse is called a defendant. The "victim" of abuse is called the “complaining witness.”

In a criminal case, the district attorney requests an order of protection for the victim or complaining witness. The judge decides whether to issue the order of protection and what terms and conditions will be included in the order. These orders of protection can be very dangeours tools for alleged "victims". They can literally be used to have someone arrested by simply picking up the telephone and telling the police that the person who the order is signed against has tried to contact the "victim". The NYPD will do very little investogation and prefer simply to take the word of the accuser and hand the case over to the District Attorney's Office. Once that happens the DA assigned to the case will usually make an offer that includes anger management. No real investigation will take place as long as the "victim" claims that the order was violated.

If you have been accused with violating a Criminal Court Order of Protection, contact The Law Offices of Michael S. Discioarro, LLC at 917-519-8417 and let us fight for you.