When you and your spouse say “I do” at the altar, the last thing you may anticipate is seeking a protective order against them when filing for divorce. Unfortunately, these circumstances do happen, and can be made even more overwhelming if your ex-spouse violates the protective order in place. As such, understanding the steps you should take to protect yourself is critical. The following blog explores what you should know about these matters, like how to proceed after a violation, whether or not your ex-spouse can face criminal charges, and the importance of working with a Long Island restraining order lawyer to help you navigate these scary and stressful times.
What Steps Should I Take if My Ex Violates a Protective Order?
A protective order, also commonly referred to as a restraining order, is a court order that limits the ways in which a specific person, in this case, your ex-spouse, can interact with you. Typically, this will prohibit any contact with you, including calling, approaching you in person, or even stalking you. Common violations include showing up at your home or place of work, repeatedly texting or calling, or making threats against you.
If you have a protective order against your spouse and they are in violation, it’s critical to take the necessary steps to protect yourself. You should immediately contact the police, as they are able to enforce the terms and conditions of the document. It’s also in your best interest to document all instances in which your spouse has violated the order, including screenshots of text messages, witness statements, and emails. New York is also a one-party consent state for recording conversations, so you may want to consider this option as well.
Next, you should contact your attorney, as they can help you petition the court for stronger terms and conditions, or even request that criminal charges be filed against your ex-spouse because of their violations.
Will My Ex Be Penalized for These Violations?
It’s important to understand that accusations of restraining order violations are not a matter that is taken lightly. Under New York law, these violations are considered criminal matters, meaning your ex-spouse can be charged with a crime for their actions.
Generally, a violation is charged as criminal contempt. As such, a first offense violation will result in a Class A misdemeanor, carrying up to one year in jail. However, this can increase to a Class E felony for repeat offenders. This carries the potential for up to four years in jail.
You should also note that there may be aggravating factors or elements of the violation that increase its severity. This is often the case if the violations are stalking, assault, or making threats. In these instances, the judge may order increased jail sentences or fines.
When you are facing threats, violence, or harassment at the hands of your spouse, taking the necessary steps to protect yourself is critical. That is why it is in your best interest to immediately connect with an experienced attorney with Barrows Levy PLLC to help you during these harrowing times. If your ex constantly violates a restraining order, contact us today to learn how we can assist you.
