- stay away from the protected party and the protected party’s children
- move out of the protected party’s home
- follow custody orders
- pay child support
- not have a gun
- And many other things
How Do Orders of Protection Work in Criminal Court
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 alleged victim of abuse is called the “complaining witness.” There does not need to be a relationship between the complaining witness and the defendant in a criminal case.
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.
What is a Crawford Hearing
A Crawford hearing, named after the case of Crawford v. Ally, 197 A.D.3d 27, 150 N.Y.S.3d 712 (1st Dep’t., 2021), is a court hearing in New York established to review the necessity of temporary orders of protection (TOPs) in criminal cases, particularly when such orders significantly impact an accused’s rights, such as access to their home or children. The hearing is intended to ensure that TOPs are justified and not issued without considering the potential consequences for the accused, addressing concerns about due process.
How Does The Legal Process Work
The complaining witness calls police and alleges that a crime or violation of law has occurred. The police then respond and if probable cause exists to arrest, the person accused of the legal infraction may be taken into police custody, depending on various factors including whether the allegations are of a domestic nature and/or whether the allegations are tantamount to a misdemeanor or felony.
At some point, you, the accused, will be brought before a judge to undergo an arraignment. The arraignment is where you will plead not guilty and the judge will make a determination as to custody. Custody means that the judge will determine whether or not to set monetary bail on you, non-monetary release or release you on your own recognizance (ROR). In addition to determining physical custody, the court may issue, as a condition of your release, an order of protection in favor of the protected party. If this order is a full stay away order and you live with the complaining witness, you will essentially be thrown out of your home and you may even be prevented from seeing your children until another court (Family or Supreme) issues a visitation order.
You have the right to challenge these orders of protection. The Court system takes these orders very seriously and you should too.
Why Clients Trust Luigi Vigliotti
– Mr. Vigliotti is a former NYS Prosecutor in Nassau County and has been handling order of protection cases for over 24 years.
– We have a proven track record of success.
– You will be dealing directly with Mr. Vigliotti. We don’t pawn you off on some new associate attorney.
– We handle your matter with precision and care.
– We are well respected in the legal community and are known as fighters.
– Mr. Vigliotti is always accessible to his clients.
– Each client is treated with respect and dignity.
– Why go anywhere else when we offer you the best service and results and at prices you can afford?
Contact Luigi Vigliotti Today
Don’t face your order of protection case alone. With Luigi Vigliotti by your side, you’ll have a dedicated defense attorney ready to fight for your rights and your future.
Schedule your free consultation now to discuss your case and begin building your defense.
If you or a loved one is in need of legal assistance, contact us immediately at 516-385-2940 or via email at LuigiVigliotti75@gmail.com.
Your freedom may depend on it.