|Orders of Protection
Issued by Judge Penelope D. Clute, Plattsburgh
The Order of Protection is the Judge's Order, a Court Order;
it is not an Order between the two people involved in the case.
This means that only the Judge can change the Order of Protection.
The person who requested the Order cannot change the Order
or make it meaningless by allowing the Defendant to have contact.
If the person who is protected by the Order wants it changed
or dropped, then that request must be made to the Judge or
the Assistant District Attorney.
As long as the Order of Protection is in effect, any violation
of it by the Defendant can result in arrest for Criminal
There are two kinds of Orders of Protection in New York: they
are called "Stay Away" or "Refrain From" Orders
of Protection. Please read your Order of Protection carefully.
If it says that you must Stay Away from a particular
person, that means that you cannot have contact of any kind
with that person, directly or indirectly:
- No physical contact of any kind.
- Stay away from the home, school, business
or place of employment of the person named in the Order.
- No phone calls.
- No letters, emails or faxes.
- No messages through other people.
- No presents.
- No contacting the person in any way at all,
even if you are invited to talk or meet by that person.
If it is a Refrain From Order of Protection, you can
live together and have contact, but you are prohibited from
harassing, intimidating, threatening or otherwise interfering
with the person protected by the Order.
Important Things To Know
- A Violation of an Order of Protection
is the Crime of Criminal Contempt
- It is a mandatory arrest for the Police if
the officer arrives and a defendant is present in violation
of a Stay Away Order of Protection. The Police will enforce
the Order even if it is claimed that the other person invited
- Criminal Contempt charge can be filed by
the Police for any violation of an Order of Protection, including
a phone call, even if the defendant did not say anything
- A misdemeanor conviction in a domestic violence
case can affect your right to have a gun. It can also affect
some kinds of jobs, as well as public housing and whether
you can remain in the United States if you are not a U.S.
- If the person that requested the Order of
Protection wants to change or drop it, she or he should speak
to the Assistant DA, if it is a misdemeanor or felony case.
In other cases, the person can come to City Court and ask
the Judge. It is possible that the Assistant DA or Judge
will not do as the person asks, if they think the person
would be in danger if the Order of Protection were dropped.
How Defendants Can Avoid Problems
- Do not go to places where you know the other
- Leave a building, restaurant, store or other
place if you realize that the other person is there.
- Hang up the phone immediately if the person
calls you. Record the call on your answering machine, if
possible. Tell your lawyer about the call.
- Do not send letters, emails or faxes to the
other person and do not respond if that person sends one
to you. Give your lawyer any message you receive from the
- Do not get into arguments or confrontations
with the person's family or friends. Walk away. Try to avoid
- Do not get together with the other person,
even to apologize or to try to work things out unless the
Judge has dropped the Order of Protection.