3.28 - VI. Orders Of Protection

• Jurisdiction: New York

VI. ORDERS OF PROTECTION

As a condition of bail or recognizance, a judge can use a temporary order of protection to place restrictions on the defendant’s contact with victims and witnesses during the pendency of a case. The CPL provides for two kinds of temporary orders of protection—one for the victims of family offenses⁴⁷⁷ and the other for crime victims in general.⁴⁷⁸ Family offenses are specifically delineated by the crime charged and the relationships of the parties.⁴⁷⁹ There must be good cause shown.⁴⁸⁰

Both provisions allow the court wide latitude in regulating the defendant’s activities. The judge can direct that the defendant stay away from the victim’s or witness’s home, place of business and school. In cases involving family offenses, the conditions imposed can include restrictions on child visitation rights.⁴⁸¹

In most cases where there exists the possibility of contact between the defendant and a victim or witness, the judge will issue an order of protection. The order may exclude the defendant from his own home.⁴⁸²

A violation of an order of protection can result in the arrest of the defendant even if the defendant’s conduct would otherwise have been innocuous. For...