CENTRAL ISLIP, NY - Individuals in New York often confuse restraining orders with orders of protection, but understanding the distinction is critical for those involved in family or criminal court proceedings. Suffolk County order of protection attorney Jason Bassett of the Law Offices of Jason Bassett, P.C. (https://jbassettlaw.com/what-is-the-difference-between-a-restraining-order-versus-order-of-protection-in-new-york/) is providing guidance on how these court-issued directives differ and what individuals should know when facing either type of order.
According to Suffolk County order of protection attorney Jason Bassett, an order of protection is a court-issued document that establishes specific conditions on one person's behavior toward another, while a civil temporary restraining order or injunction applies in non-domestic civil matters. New York courts issue orders of protection through the Family Court, Criminal Court, or Supreme Court, each under different circumstances and legal standards. "Many people use the terms interchangeably, but the legal implications and the courts that issue them are quite different," explains Bassett.
Suffolk County order of protection attorney Jason Bassett notes that eligibility for a Family Court order of protection requires a qualifying relationship between the parties. Under New York Family Court Act § 812, the petitioner and respondent must be current or former spouses, persons related by blood or marriage, persons who share a child in common, or individuals who are or were in an intimate relationship. Cases that do not meet these relationship requirements may be dismissed, as demonstrated in Coleman v. McKenzie, 2022 NY Slip Op 50514(U), where the court found that a landlord-tenant relationship did not satisfy the statutory standard.
Attorney Bassett emphasizes that New York courts issue two distinct types of orders of protection with significantly different terms. A full order of protection bars all contact between the respondent and the protected person, including phone calls, text messages, emails, social media communication, and contact through third parties. A limited order, sometimes called a "refrain from" order, permits continued contact but prohibits specific harmful behaviors such as assault, harassment, stalking, and intimidation. "The type of order issued can affect where a person lives, whether they can see their children, and how they go about their daily life," he adds.
The penalties for violating either type of order are significant under New York Penal Law. Criminal contempt in the second degree under Penal Law § 215.50 is a Class A misdemeanor carrying up to 364 days in jail. Criminal contempt in the first degree under Penal Law § 215.51 is a Class E felony punishable by up to four years in prison. Aggravated criminal contempt under Penal Law § 215.52 is a Class D felony that can result in up to seven years of incarceration. Even seemingly minor violations, such as responding to a text message from the protected person, may result in arrest and charges.
Bassett points out that individuals who receive an order of protection have the right to challenge it in court. At a hearing, the petitioner must demonstrate by a fair preponderance of the evidence that a family offense was committed. Defenses may include evidence that the allegations were fabricated, that no qualifying relationship exists under Family Court Act § 812, or that the alleged conduct does not constitute a family offense under the statute. "Preserving evidence early, including text messages, emails, and any documentation related to the allegations, can be essential to building a strong defense," he advises.
The duration of an order of protection depends on the court and the outcome of the case. Temporary orders remain in effect while a case is pending, while permanent orders issued after the conclusion of a case can last up to two years under Family Court Act § 842, or up to five years if aggravating circumstances exist. In criminal cases, orders issued at sentencing may last up to eight years for a felony under New York Criminal Procedure Law § 530.12. Only the court that issued an order can modify or terminate it, and informal agreements between the parties to disregard the order's terms carry no legal weight.
For those facing an order of protection or a violation charge in Suffolk County or Nassau County, contacting an experienced defense attorney may help protect individual rights and develop an effective legal strategy.
About Law Offices of Jason Bassett, P.C.:
Law Offices of Jason Bassett, P.C. is a Central Islip-based law firm dedicated to criminal defense, including representation in order of protection and contempt cases. Led by attorney Jason Bassett, a former prosecutor with over 21 years of experience, the firm serves clients throughout Suffolk County, Nassau County, and Long Island. For consultations, call (631) 259-6060.
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Company Name: Law Offices of Jason Bassett, P.C.
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Phone: (631) 259-6060
Address:320 Carleton Ave # 4200
City: Central Islip
State: New York 11722
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Website: https://jbassettlaw.com/
