From Law Offices of Jason Bassett, P.C. - What Is the Difference Between a Restraining Order and an Order of Protection in New York? explores how orders of protection function across the Family Court, Criminal Court, and Supreme Court, and clarifies the legal distinctions between a restraining order, a temporary restraining order (TRO), and an order of protection under New York law. This episode breaks down how New York Family Court Act § 842 and § 812 govern family offense petitions, who qualifies for protection, and why courts strictly apply relationship requirements, as illustrated in cases like Coleman v. McKenzie, 2022 NY Slip Op 50514(U). Listeners will gain a clear understanding of how these court-issued orders impose “reasonable conditions of behavior” and what that means in real-world situations.
We take a closer look at the difference between full orders of protection and limited orders of protection, including what “no contact” truly means, when parties must live separately, and how communication restrictions apply to phone calls, text messages, email, social media, and third-party contact. The discussion highlights how cases move through the Suffolk County Criminal Courts Building at the Arthur M. Cromarty Court Complex, 210 Center Drive in Riverhead, and the Suffolk County Family Court at 400 Carleton Avenue in Central Islip. The episode also explains how temporary orders are issued upon a finding of good cause, how permanent orders can last up to two or five years under Family Court Act § 842, and how Criminal Procedure Law § 530.12 determines duration in felony and misdemeanor cases.
The podcast also examines the serious consequences of violating an order of protection under New York Penal Law, including Criminal Contempt in the Second Degree (§ 215.50), Criminal Contempt in the First Degree (§ 215.51), and Aggravated Criminal Contempt (§ 215.52). We explain how even a single text message can lead to arrest, why strict liability applies even if the protected person initiates contact, and how penalties can range from probation to significant jail or prison time. Listeners will also learn about aggravating circumstances such as physical injury, use of a dangerous instrument, prior convictions, repeated violations, and ongoing danger that can extend the length and severity of an order.
Finally, Suffolk County criminal defense attorney Jason Bassett, Esq., shares insight drawn from more than 21 years in the criminal justice system, including his background as a former prosecutor, Special Assistant Attorney General in the New York Medicaid Fraud Control Unit, Chief Deputy Commissioner for the Town of Islip Department of Public Safety Enforcement, and Principal Assistant County Attorney for Suffolk County. A graduate of Boston College Law School and the University of Pennsylvania, and admitted to practice in the State of New York, the United States District Court for the Eastern and Southern Districts of New York, and the United States Court of Appeals for the Second Circuit, Jason Bassett discusses how individuals on Long Island can challenge, modify, or defend against an order of protection. Serving Suffolk County, Nassau County, and clients throughout Long Island from 320 Carleton Avenue, Suite 4200, Central Islip, New York, the Law Offices of Jason Bassett, P.C. provides strategic defense when your rights, your family, and your future are on the line.
Law Offices of Jason Bassett, P.C.
320 Carleton Ave #4200c, Central Islip, NY 11722, United States
(631) 259-6060
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