Caring Rochester Lawyer Secures and Defends Against Orders of Protection
Christian attorney in New York seeks ethical solutions for domestic disputes
An order of protection can be obtained from a New York court in behalf of a person who has been threatened or harmed by another, often a family member. At the Law Office of Maurice J. Verrillo, P.C. in Rochester, we have more than 30 years of experience dealing with orders of protection on both the complainant and defendant sides. Our firm represents claimed victims of spousal abuse or domestic violence as well as people accused. As a Christian law practice, we try to engineer solutions that promote family values while protecting our individual client’s rights and safety.
Determined lawyer helps clients obtain New York State protection orders
An order of protection, sometimes called a restraining order, can be issued by either a family court or a criminal court. There is a different judicial process for each:
- Family court —Protection orders are often issued during divorce or child custody proceedings. An individual who claims to be the victim of domestic violence can petition for an order against a current or former spouse, a family member, a person with whom they have had an intimate relationship or a person with whom they have a child in common. A judge can issue temporary orders of protection pending a hearing at a later date, where the alleged abuser has the right to be heard. After the hearing or settlement negotiations, the judge can issue or deny a final order of protection.
- Criminal court — An order of protection can require that a person who has been charged with a crime limit communication with the alleged victim as a condition of bail or other release from incarceration. The order is typically requested by the district attorney and the judge decides on its terms and scope.
Whether we represent the complainant or the defendant, we help our clients prepare for hearings concerning protection orders and we help them engage in negotiations to resolve disputes. We also petition to modify protection orders where appropriate.
Knowledgeable attorney defends individuals facing unjust court orders
When a protection order is issued against you during a custody battle or divorce, you must comply, but we can fight the order in court. We understand how difficult it is to be placed under an order that prevents you from speaking with your children or other family members. Your first instinct may be to contact the person who made the allegations. But violating an order can result in criminal charges, such as:
- Second-degree criminal contempt — Intentionally disobeying an order is a Class A misdemeanor punishable by up to a year in jail.
- First-degree criminal contempt — Deliberately inciting fear in a victim may be cause for first-degree contempt, a Class E felony punishable by a multi-year prison sentence and several thousand dollars in fines.
- Aggravated criminal contempt — Causing physical harm to the victim is a Class D felony that can send an offender to prison for up to seven years.
Instead of taking matters into your own hands, get in touch with a lawyer as soon as possible after being served with a protection order. Our firm can develop a thorough strategy to fight against the order becoming permanent. We also seek modifications to orders that are no longer necessary or that are too extensive in coverage.
Contact an accomplished Rochester law firm for help with orders of protection
The Law Office of Maurice J. Verrillo, P.C. serves the family law and criminal defense needs of people in and around Rochester, New York and Monroe County. If you need to obtain an order of protection or to oppose one, we are prepared to help. To schedule a free initial consultation with our office, call us at 585-563-1134 or contact us online.