Brooklyn Order of Protection Lawyer

An order of protection can put you out of your home, cut you off from your children, and turn a text message into a new felony, all before anything has been proven. Spahija Law represents people restrained by orders of protection in Brooklyn criminal cases: getting full orders modified to limited orders, defending violations, and protecting your record while the underlying case gets resolved. If you are facing this charge in Brooklyn, call 646-453-4001 for a free, confidential consultation, available 24 hours a day.

How Orders of Protection Work in Brooklyn

Criminal court orders of protection issue at arraignment under CPL 530.12 and 530.13, usually automatically in domestic violence and assault cases:

Full stay away orders bar all contact and keep you away from the protected person's home, work, and school, even if it is also your home.
Limited orders permit contact but prohibit harassing or offensive conduct. The difference between full and limited is the difference between living at home and not.
Duration: temporary orders last while the case is pending. Final orders after conviction can run up to 8 years in felony cases.
Violations are new crimes: criminal contempt under PL §215.50 is a Class A misdemeanor, and under PL §215.51 a Class E felony. Violations are charged even when the protected person initiated the contact.

What Most People Get Wrong

The protected person cannot give you permission to violate the order. Only a judge can change it. Answering a call, replying to a text, or coming home because you were invited creates a criminal contempt charge that is frequently easier for the DA to prove than the original case. The correct move is always a motion to modify, not an informal arrangement.

How We Help

Modification motions. We move to convert full stay away orders to limited orders so you can return home and see your children while the case is pending.
Contempt defense. Violations require proof of a valid order, knowledge of it, and intentional violation. Each element can be contested.
Incidental contact defense. Shared buildings, schools, and workplaces produce accidental encounters that are not intentional violations.
Coordinating with family court. Parallel family court orders and custody proceedings interact with the criminal order. We manage both tracks.
Underlying case strategy. The fastest way to end an order of protection is winning the case it rides on.

What Happens After the Arrest

Orders issue at arraignment at 120 Schermerhorn Street before any evidence is heard. The modification motion is made to the same court, supported by residence, employment, and childcare realities. In felony matters the order follows the case to Kings County Supreme Court at 320 Jay Street. We push for modification at the earliest appearance the court allows.

Related Charges We Defend

Brooklyn cases rarely involve a single charge. Prosecutors stack counts, and this one often travels with domestic violence allegations, sex offense allegations and juvenile cases. When a case carries several counts, the defense has to answer all of them at once rather than one at a time. You can see every charge we defend in Brooklyn or read how felony and misdemeanor levels differ.

Why a Former Prosecutor Matters

As a former Assistant District Attorney in Brooklyn and Staten Island, Amel Spahija evaluated cases exactly like yours from the other side of the table. He knows how the DA's office weighs the evidence, when it reduces charges, and where its cases break. Read about the former prosecutor advantage, then see our recent Brooklyn case results.

Frequently Asked Questions

She asked me to come home. Can I?

Not until a judge modifies the order. The protected person cannot waive it, and the invited contact becomes your criminal contempt charge, not hers. File the modification motion instead.

How fast can a full order be changed to a limited order?

Sometimes at the next court appearance, with the right showing about housing, children, and the facts of the case. Courts modify orders regularly when the application is prepared properly.

What happens if I violated the order already?

You are facing a new criminal contempt charge on top of the original case. Do not make further contact, preserve any evidence that the contact was initiated by the other side, and call counsel now.

Does an order of protection show up on background checks?

A temporary order tied to a pending case generally does not appear as a conviction, but a criminal contempt conviction absolutely does. Protecting the record is part of the defense.

Free Consultation

The earlier we get involved, the more options exist. Call 646-453-4001 for a free consultation with a Spahija Law, or book 30 minutes with Amel directly.