Order of Protection Defense Attorney in Suffolk County, New York

Facing an order of protection in Suffolk County can dramatically disrupt your life, forcing you from your home, separating you from your children, affecting child custody proceedings, restricting where you can go, and exposing you to immediate arrest and criminal charges if you violate any provision—even accidentally. Orders of protection arise in criminal cases, family court proceedings, and domestic violence situations, and they carry serious immediate and long-term consequences. Whether you’re facing a temporary order, fighting to prevent a final order from being issued, seeking to modify or vacate an existing order, or defending against allegations that you violated an order, you need an experienced attorney who understands New York’s order of protection laws and knows how to protect your rights. Attorney Michael Brown is Suffolk County’s most experienced order of protection defense lawyer, with a proven track record of successfully representing clients in all types of order of protection matters.

Understanding Orders of Protection Under New York Law

An order of protection is a court order designed to protect victims of domestic violence, harassment, stalking, sexual offenses, and other crimes. These orders restrict the conduct of the person against whom the order is issued (the “respondent” or “defendant”) to protect the “protected party” (alleged victim).

Orders of protection can be issued in two types of proceedings:

Criminal Court Orders: Issued under Criminal Procedure Law § 530.12 in connection with criminal charges including assault, harassment, stalking, menacing, criminal contempt, sex offenses, or other crimes.

Family Court Orders: Issued under Family Court Act § 842 in family offense proceedings, divorce cases, custody matters, or other family court proceedings.

Both types of orders carry the same legal force and violating either can result in criminal contempt charges.

Types of Orders of Protection

Temporary Orders of Protection

Temporary orders are issued at the beginning of cases and remain in effect until:

• The criminal case is resolved, or
• The family court proceeding concludes, or
• The court sets an expiration date

Temporary orders can be issued:

• Upon arraignment in criminal cases
• At initial appearances in family court
• Before any hearing or finding of wrongdoing
• Based solely on allegations in petitions or complaints

Final Orders of Protection

Final orders are issued:

• After guilty pleas or convictions in criminal cases
• After findings in family court proceedings
• After consent agreements between parties
• As conditions of sentence or disposition

Final orders can last:

• One to five years typically
• Longer in aggravated circumstances
• Permanently in some cases
• Until modified or vacated by the court

Full Stay-Away Orders

These most restrictive orders require you to:

• Stay away from the protected party’s home, workplace, and school
• Maintain a specified distance (often 100 yards or more) from the protected party
• Have absolutely no contact of any kind—no calls, texts, emails, social media contact, or third-party messages
• Refrain from assault, stalking, harassment, menacing, or other specified conduct

Limited (Refrain-From) Orders

These less restrictive orders:

• Prohibit harassment, intimidation, threats, or assault
• Allow you to reside with the protected party in some circumstances
• May permit limited contact for specific purposes (custody exchanges, co-parenting communication)
• Don’t require you to stay away from locations

Interim Orders

Interim orders provide temporary relief while cases are pending and can be modified as proceedings progress.

Provisions Commonly Included in Orders of Protection

Orders of protection can include various provisions:

No Contact Provisions

• No direct or indirect contact with protected party
• No contact through third parties
• No electronic contact (calls, texts, emails, social media)
• No contact at all, even if the protected party initiates it

Stay-Away Provisions

• Stay away from protected party’s residence
• Stay away from workplace
• Stay away from school
• Maintain specified distance at all times
• Stay away from family members’ residences

Refrain-From Provisions

• Refrain from assault, stalking, harassment, menacing, disorderly conduct, intimidation, or threats
• Refrain from criminal mischief or property damage
• Refrain from any criminal conduct

Surrender of Firearms

• Surrender all firearms, rifles, and shotguns
• Prohibition on possessing any firearms
• Revocation of pistol permits

Custody and Visitation Provisions

• Temporary custody awarded to protected party
• Supervised or suspended visitation
• Specific custody exchange procedures

Residence Provisions

• Requiring you to move out of shared residences
• Granting exclusive use of residence to protected party
• Prohibiting return to the home

Child Support Provisions

• Temporary child support orders
• Payment requirements

How Orders of Protection Are Obtained

In Criminal Cases

When someone is arrested for domestic violence or related offenses:

• Prosecutors request orders of protection at arraignment
• Judges routinely grant temporary orders based on charges alone
• No hearing or evidence required for temporary orders
• Orders remain in effect throughout the criminal case
• Final orders are imposed as conditions of plea agreements or sentences

In Family Court

Protected parties can petition for orders by:

• Filing family offense petitions alleging assault, harassment, stalking, or other specified offenses
• Requesting orders in divorce, custody, or other family proceedings
• Appearing before judges who can issue temporary orders immediately
• Proceeding to hearings where allegations are adjudicated

Consequences of Orders of Protection

Immediate Displacement from Home and Family

Orders of protection can immediately:

• Force you from your own home
• Separate you from your children
• Prohibit contact with family members
• Disrupt your living situation
• Create housing emergencies

Child Custody Impact

Orders devastate custody rights:

• Temporary custody to the protected party
• Restricted or supervised visitation
• Presumption that domestic violence is against children’s best interests
• Difficulty regaining custody even after orders expire
• Negative impact on custody litigation

Employment Consequences

Orders affect employment:

• Required to stay away from workplaces if the protected party works there
• Inability to work in certain locations
• Background checks reveal orders
• Professional licenses may be affected
• Security clearances jeopardized

Firearm Prohibition

Federal and state law prohibit firearm possession:

• Must surrender all firearms immediately
• Pistol permits are suspended or revoked
• Federal prohibition under 18 U.S.C. § 922(g)(8)
• Cannot possess firearms while order is in effect
• Violation results in federal criminal charges

Criminal Exposure for Violations

Any violation of an order results in:

• Immediate arrest
• Criminal contempt charges (Class A misdemeanor or Class E felony)
• Up to one year jail for misdemeanor contempt, up to four years prison for felony contempt
• Additional orders of protection
• Enhanced penalties for repeat violations

Immigration Consequences

For non-citizens, orders of protection can:

• Trigger deportation proceedings in some circumstances
• Affect naturalization applications
• Impact visa status
• Complicate immigration cases

Social and Reputational Impact

Orders create:

• Stigma as domestic violence offender
• Strained family relationships
• Community judgment
• Public records accessible to employers and others
• Difficulty explaining the situation

Defending Against Orders of Protection

As Suffolk County’s most experienced order of protection defense attorney, Michael Brown employs effective strategies:

Opposing Issuance of Orders

Attorney Brown fights to prevent orders from being issued by:

• Demonstrating lack of sufficient basis for the order
• Presenting evidence contradicting allegations
• Showing no danger or threat exists
• Arguing orders are unnecessary or overly restrictive
• Negotiating limited orders rather than full stay-away orders

Challenging Allegations in Family Court

In family offense proceedings, Attorney Brown:

• Demands hearings to challenge allegations
• Cross-examines petitioners
• Presents evidence disproving allegations
• Demonstrates petitioners’ motives to fabricate claims
• Proves you didn’t commit alleged offenses

Seeking Less Restrictive Orders

Attorney Brown advocates for:

• Limited orders instead of full stay-away orders
• Provisions allowing shared residences
• Contact for co-parenting purposes
• Reasonable distance requirements
• Terms that minimize disruption to your life

Modifying Existing Orders

After orders are issued, Attorney Brown can seek modification by:

• Demonstrating changed circumstances
• Showing compliance and good behavior
• Proving orders create undue hardship
• Negotiating with protected parties who consent to modifications
• Presenting evidence that less restrictive terms are appropriate

Vacating Orders

Attorney Brown can seek to vacate orders by showing:

• Orders were improperly issued
• Allegations were false
• Protected parties consent to vacating orders
• Circumstances no longer warrant orders
• Orders are no longer necessary

Protecting Your Rights in Criminal Cases

In criminal cases with orders, Attorney Brown:

• Negotiates plea agreements that minimize order durations
• Seeks dispositions resulting in shorter or limited orders
• Challenges orders as part of overall case resolution
• Protects against unnecessarily restrictive terms

Coordinating Criminal and Family Court Matters

When orders exist in multiple courts, Attorney Brown:

• Coordinates defense strategies across proceedings
• Ensures consistency between courts
• Prevents contradictory orders
• Protects your interests in all related cases

Emergency Relief

When orders create immediate crises, Attorney Brown seeks:

• Emergency modifications allowing return home
• Temporary relief for specific situations
• Expedited hearings
• Interim solutions to urgent problems

Common Defenses and Arguments

False Allegations

Attorney Brown demonstrates:

• Allegations are fabricated or exaggerated
• Protected parties have motives to lie (custody disputes, divorce leverage, revenge)
• Inconsistencies in allegations
• Evidence contradicting claims
• History of false accusations

Mutual Combat

Attorney Brown shows:

• Both parties engaged in mutual altercation
• Protected party was equally or more aggressive
• You were defending yourself
• Situation doesn’t warrant one-sided orders

No Threat or Danger

Attorney Brown establishes:

• You pose no threat to the protected party
• No history of violence
• Isolated incident without pattern
• Orders are unnecessary for safety

Consent to Modification or Vacatur

When protected parties agree, Attorney Brown:

• Obtains written consent
• Files motions to modify or vacate based on consent
• Negotiates agreed-upon terms
• Presents joint requests to courts

Undue Hardship

Attorney Brown demonstrates:

• Orders create severe hardship
• Inability to access your home or belongings
• Financial hardship from displacement
• Separation from children
• Employment difficulties
• Less restrictive alternatives available

Technical Defenses

Attorney Brown raises:

• Procedural defects in how orders were issued
• Lack of proper service
• Jurisdictional issues
• Due process violations

Five Reasons Attorney Michael Brown Is Your Best Choice

1. Unmatched Experience in Order of Protection Defense: As Suffolk County’s most experienced order of protection defense attorney, Michael Brown has successfully represented hundreds of clients facing orders of protection in criminal court, family court, and related proceedings. His extensive experience with every type of order—temporary, final, stay-away, limited, criminal, and family court orders—provides clients with sophisticated strategies for opposing, modifying, or vacating orders that disrupt their lives.
2. Expertise in Family Court and Criminal Court Proceedings: Orders of protection span multiple courts and types of proceedings. Attorney Brown has deep expertise in both Family Court and criminal court practice, understands how orders operate in different contexts, knows the judges and procedures in Suffolk County courts, and can navigate the complex interplay between criminal cases, family offense proceedings, divorce cases, and custody matters.
3. Strategic Understanding of Custody Implications: Orders of protection devastate child custody rights, and fighting the order is often critical to preserving parental rights. Attorney Brown understands how orders affect custody, structures defenses to minimize custody impact, coordinates order of protection defense with custody litigation, and fights to protect parent-child relationships from being destroyed by protective orders.
4. Skill in Negotiating Modifications and Agreed Orders: Many order situations can be resolved through negotiation with protected parties who may agree to modifications, vacatur, or less restrictive terms. Attorney Brown has exceptional negotiation skills, maintains professional relationships that facilitate productive discussions, knows how to approach protected parties and their attorneys diplomatically, and regularly achieves negotiated resolutions that lift or modify restrictive orders.
5. Comprehensive Approach to Immediate Crisis Management: Orders of protection create immediate crises—you may be barred from your home, separated from children, unable to work, and facing housing emergencies. Attorney Brown provides immediate crisis intervention, seeks emergency relief when necessary, helps clients navigate immediate practical problems, and works urgently to address the most pressing consequences while developing long-term strategies.

What to Do If You’re Facing an Order of Protection

Comply Strictly with All Order Terms: Regardless of whether you believe the order is unjust, comply meticulously with every provision. Any violation results in immediate arrest and criminal charges.

Do Not Contact the Protected Party: Even if the protected party contacts you first or invites contact, do not respond. The order protects you from violating it, not the protected party from initiating contact.

Read the Order Carefully: Understand exactly what the order requires and prohibits. If you don’t understand any provision, ask Attorney Michael Brown to explain it.

Collect Evidence: Gather evidence supporting your defense—text messages, emails, witnesses, documentation showing false allegations or your good character.

Contact Attorney Michael Brown Immediately: Whether facing a new order, seeking to modify an existing order, or defending against violation allegations, early legal intervention is critical.

Do Not Attempt DIY Solutions: Do not try to negotiate directly with protected parties, file motions yourself, or represent yourself in court. Orders of protection have serious legal and practical consequences requiring experienced representation.

Attend All Court Dates: Failure to appear can result in warrants and default orders. Attend every scheduled court appearance.

Document Compliance: Keep records proving your compliance—where you were staying, alibi information, evidence you stayed away from prohibited locations.

Your Rights and Your Family Are Worth Fighting For

Orders of protection can separate you from your home, your children, and your normal life based solely on allegations that may be false, exaggerated, or motivated by ulterior purposes in custody or divorce disputes. While orders serve legitimate purposes in protecting genuine victims, they’re also sometimes misused as tactical weapons in family conflicts.

With experienced legal representation, you can fight unjust orders, seek modifications that allow reasonable contact and co-parenting, protect your custody rights, and ensure orders don’t remain in effect longer than necessary. Many orders are vacated, modified to limited terms, or allowed to expire without renewal when clients have skilled attorneys advocating for them.

You need Suffolk County’s most experienced order of protection defense lawyer—someone who has successfully opposed, modified, and vacated countless orders, who understands both family court and criminal court procedures, who can protect your custody rights, and who will fight tirelessly to restore your freedom and your relationship with your children.

Contact Attorney Michael Brown today for a confidential consultation about your order of protection case. Time is critical. Temporary orders can become final orders if not challenged properly. Don’t let an order of protection destroy your relationship with your children or keep you from your home. Let Suffolk County’s most experienced order of protection defense attorney put his expertise and experience to work protecting your rights and fighting for the best possible outcome in your case.