The most common Criminal Contempt charge is the result of an alleged violation of an Order of Protection. It is not unusual for misunderstandings regarding Orders of Protection to result in criminal charges.*
Allegations that an Order of Protection has been violated will often lead to a Criminal Contempt in the Second Degree (misdemeanor) charge or a Criminal Contempt in the First Degree (felony) charge. These allegations should be taken very seriously. If you or a loved one is charged with Criminal Contempt you should consider an attorney who understands the nature of the charges, and is mindful of the relationship between all parties. Mark Foti is an attorney with experience representing individuals charged with Criminal Contempt. Contact Mark Foti.
More information:
NY Jury Instructions for Offenses Relating to Judicial & Other Proceedings
*In New York, when an Order of Protection is issued by a Judge, often in Family Court or Criminal Court, that Judge is the only person who has the authority to vacate or modify the Order. If the person "protected" by the order attempts to establish communication, this does not mean the order is suspended. Only the Judge can remove the order. Any contact could lead to a criminal charge. In some cases, depending on the circumstances, Mark Foti may be able to petition the Court to have the Order of Protection modified or removed.
Furthermore, it is often misunderstood that the order of protection is a "one way street." In other words, if person A is "protected" by the order, but continuously calls, approaches, or even harasses person B for which the order is against, person A has not violated the order by doing so (though it is possible that they have committed some other offense). However, if person B simply responds, they will violate the order and it could potentially lead to criminal charges. If a person is put in that situation, he/she may want to contact law enforcement, or contact Mark Foti who may be able to petition the Court to have the Order of Protection modified or removed.
Allegations that an Order of Protection has been violated will often lead to a Criminal Contempt in the Second Degree (misdemeanor) charge or a Criminal Contempt in the First Degree (felony) charge. These allegations should be taken very seriously. If you or a loved one is charged with Criminal Contempt you should consider an attorney who understands the nature of the charges, and is mindful of the relationship between all parties. Mark Foti is an attorney with experience representing individuals charged with Criminal Contempt. Contact Mark Foti.
More information:
NY Jury Instructions for Offenses Relating to Judicial & Other Proceedings
*In New York, when an Order of Protection is issued by a Judge, often in Family Court or Criminal Court, that Judge is the only person who has the authority to vacate or modify the Order. If the person "protected" by the order attempts to establish communication, this does not mean the order is suspended. Only the Judge can remove the order. Any contact could lead to a criminal charge. In some cases, depending on the circumstances, Mark Foti may be able to petition the Court to have the Order of Protection modified or removed.
Furthermore, it is often misunderstood that the order of protection is a "one way street." In other words, if person A is "protected" by the order, but continuously calls, approaches, or even harasses person B for which the order is against, person A has not violated the order by doing so (though it is possible that they have committed some other offense). However, if person B simply responds, they will violate the order and it could potentially lead to criminal charges. If a person is put in that situation, he/she may want to contact law enforcement, or contact Mark Foti who may be able to petition the Court to have the Order of Protection modified or removed.
|
Attorney at the Foti Law Firm, P.C.
16 W. Main Street, Suite 100, Rochester, NY 585-461-1999 | 716-650-0810 [email protected] Copyright © 2018 | Attorney Advertising |