Restraining orders are designed to protect individuals who have allegedly been assaulted or harassed. Police officers and judges are known to give alleged victims the benefit of the doubt and issue restraining orders, before a criminal investigation is completed. In many cases, they are overly restrictive or wrongfully enforced.
Applying Decades of Experience to Fight the Charges Against You
For 25 years, the New York attorneys at Schwartz & Krysinski, L.L.P., have aggressively challenged unwarranted retraining orders or fought to reduce the restrictions our clients are up against. If you are facing domestic abuse or assault charges, we will take every measure possible to protect your rights. Contact our Brooklyn restraining order attorneys to learn how we can help level the playing field in your favor during consultation.
Handling Restraining Orders in Criminal and Family Law Courts
Restraining orders, also known as orders of protection can be obtained in two ways. First, the restraining order may be issued in criminal court after an arrest and arraignment for assault, domestic violence or related charges.
An order of protection can also be issued in family court, if someone is in fear of his or her spouse, partner or another family member — even if no criminal charges have been made. At Schwartz & Krysinski, L.L.P., we have extensive experience defending clients penalized with the following types of restraining orders:
- Full orders — If you were issued a full order, you are expected to have no contact with the alleged victim. This may mean you will be expected to move out of the home, refrain from contacting the alleged victim by email, phone, texting or through a third party. You may also be prohibited from contacting your children or may only be allowed limited visitation.
- Limited orders — If you were issued a limited order, you may be allowed to communicate with the alleged victim with the understanding that you will not assault, threaten, harass, stalk or intimidate him or her.
Regardless of which court issues the order, violating a restraining order may be considered felony. This is always a dangerous situation. You could be arrested even for innocently showing up at the same place as the alleged victim. Many times the alleged victim will try dropping the charges, but you could still be subject to a no-contact order in the eyes of the court.
Protecting the Rights of the Accused in New York
Our experienced criminal defense lawyers know how to fight protective orders. In family court, we will argue that our client poses no threat and there is not sufficient evidence to sustain an order of protection. In criminal court, we will argue to limit the terms of the order or to modify the order to allow you to move back into the home or retrieve property.
When the stakes are high, make sure you have an experienced Brooklyn restraining order attorney in your corner. At Schwartz & Krysinski, L.L.P., we know how to help you navigate through the criminal justice system, while taking every measure possible to protect your rights.
Contact Our Queens Orders of Protection Attorneys Today
Restraining orders and related criminal charges can put your freedom on hold and harm your relationships. You have too much on the line to handle the charges on your own or settle for an experienced defense. Contact us online or call our Brooklyn restraining order attorneys at 718-643-9333. You can also reach us 24 hours a day at 718-208-6094 or 917-309-3678.