Orders of Protection in Nassau County: What You Need to Know

If you’ve been arrested for a domestic violence offense in Nassau County, one of the first things that will happen at your arraignment is the issuance of an order of protection. For many people, this is the part of the process that hits hardest — harder than the criminal charge itself. An order of protection can force you out of your own home, prohibit you from seeing your children, and upend your daily life in ways you didn’t think possible. And violating it — even accidentally — can result in a new criminal charge that is often more serious than the original offense.

Here’s what every Nassau County resident needs to understand about how orders of protection work, what they require, and what happens when they are violated.

What Is an Order of Protection?

An order of protection (sometimes called a “protective order” or “restraining order”) is a court-issued document that restricts how the subject of the order can interact with the “protected party” — typically the alleged victim in a domestic violence or harassment case. Orders of protection are governed by the New York Criminal Procedure Law (for criminal cases) and the Family Court Act (for civil cases).

An order of protection is not a finding of guilt. It can be issued at arraignment — before you’ve had any opportunity to present your side of the story — and it remains in effect throughout the pendency of the criminal case. In some instances, an order of protection can last for years, even after the case is resolved.

The Three Types of Orders of Protection

Not all orders of protection are the same. New York courts issue three distinct types, each with different restrictions:

Full Order of Protection (Full Stay-Away). This is the most restrictive type and the one most commonly issued in domestic violence cases. A full order of protection requires you to have absolutely no contact with the protected party. This means:

No phone calls, texts, emails, social media messages, or communication of any kind — direct or through third parties.

No going to the protected party’s home, workplace, school, or any other location where they are known to frequent.

No physical proximity — if you see the protected party in public, you are required to leave the area.

If you and the protected party share a home, a full order of protection means you must leave the residence immediately and cannot return. If you have belongings at the home, you may need to arrange a police-supervised pickup. This is one of the most disruptive consequences of a domestic violence arrest, and it takes effect at arraignment — often within 24 hours of the arrest. We discuss the full timeline in our post on what happens after a domestic violence arrest in Nassau County.

Limited Order of Protection (Stay-Away with Exceptions). A limited order allows some contact — typically for specific purposes like child custody exchanges or financial matters — but prohibits offensive conduct, threats, and intimidation. The specific terms are set by the judge and can vary widely from case to case.

Refrain-From Order. This is the least restrictive type. It allows you to continue living with and communicating with the protected party but prohibits specific conduct — such as committing further offenses against them, threatening them, or damaging their property. A refrain-from order is sometimes called a “peaceful contact” order.

At arraignment in Nassau County, the DA’s office will almost always request a full order of protection in domestic violence cases. The judge has discretion to issue a lesser order, but in practice, the default is a full stay-away unless there is a compelling reason to do otherwise. Your attorney’s advocacy at arraignment can be the difference between a full stay-away that forces you from your home and a refrain-from order that allows you to continue your daily life.

Criminal Court vs. Family Court: Two Separate Systems

Orders of protection can be issued in two different courts, and the distinction matters:

Criminal Court orders of protection are issued as part of a criminal case — typically after an arrest for assault, harassment, stalking, or another offense involving a family or household member or intimate partner. The order is issued by the criminal court judge and remains in effect as a condition of the case. It is enforced by law enforcement.

Family Court orders of protection are issued in civil proceedings. A person can petition Family Court for an order of protection without a criminal arrest. Family Court OPs are used in domestic disputes, custody battles, and situations where one party fears for their safety. They do not require a criminal charge.

It is possible — and common — to have orders of protection issued in both courts simultaneously. If you are facing a criminal domestic violence case and the protected party has also filed a Family Court petition, you may be subject to two separate orders with two separate sets of terms. Violating either one can result in criminal charges. This is one of the many reasons why having a

Nassau County domestic violence defense attorney who can coordinate your defense across both courts is essential.

What Happens If You Violate an Order of Protection

This is where orders of protection become genuinely dangerous. Violating an order of protection is a separate criminal offense called Criminal Contempt, and the penalties are severe.

Criminal Contempt in the Second Degree (Penal Law §215.50) is a Class A misdemeanor, carrying up to 1 year in jail. This is the charge for a first violation of an order of protection — which can be triggered by something as simple as sending a text message or showing up at a location covered by the order.

Criminal Contempt in the First Degree (Penal Law §215.51) is a Class E felony, carrying up to 4 years in state prison. This charge applies if you violate the order of protection and the violation involves physical contact, threats, or intimidation — or if you have a prior conviction for Criminal Contempt within the past 5 years.

Aggravated Criminal Contempt (Penal Law §215.52) is a Class D felony, carrying up to 7 years in state prison. This applies when the violation causes physical injury to the protected party.

In Nassau County, the DA’s office prosecutes contempt violations aggressively. A second arrest while an order of protection is in place will almost certainly result in the judge setting bail or remanding you to custody. As we’ve discussed in our post on whether domestic violence charges can be dropped, the alleged victim’s wishes have no bearing on whether the DA pursues contempt charges. Even if the protected party initiated the contact or invited you over, you are the one who will be arrested for the violation.

Common Scenarios That Lead to Violations

Many contempt arrests happen not because the subject of the order was being threatening or violent, but because they didn’t fully understand the scope of the order. Common scenarios include:

Responding to a text from the protected party. Even if the protected party texts you first — even if they say “I miss you” or “Come home” — the order prohibits you from responding. The order restricts your conduct, not theirs. Responding to their text is a violation.

Showing up at a child’s school event. If the protected party is at a school concert or sporting event and you arrive, you may be in violation of the stay-away provision even though you went to see your child, not the protected party. This is one of the most painful aspects of full orders of protection for parents.

Communicating through a third party. Asking a friend, family member, or even your child to relay a message to the protected party is a violation. “Indirect contact” through third parties is explicitly prohibited under a full order.

Social media contact. Liking a post, sending a friend request, commenting on a photo, or even viewing a story (if it generates a notification) can be construed as contact. Block the protected party on all platforms and avoid any digital interaction.

Accidentally running into the protected party. True accidental encounters are not violations — but you must leave the area immediately. Staying, approaching, or speaking to the protected party turns an accident into a violation. If there is bodycam or surveillance footage of the encounter, the prosecution will scrutinize your behavior closely.

How Orders of Protection Affect Child Custody

For parents facing domestic violence charges, the order of protection creates immediate and painful complications for custody and visitation:

A full order of protection may effectively prevent you from seeing your children if the protected party is their primary custodian. You may need to file an emergency motion in Family Court for temporary visitation arrangements. This is a separate legal proceeding that requires its own strategy and timeline.

If you have a Family Court custody order that conflicts with a Criminal Court order of protection, the order of protection takes precedence. You cannot rely on a prior custody agreement to justify contact that violates the OP.

The existence of the order of protection — and the underlying criminal charge — will be a factor in any future custody or visitation proceeding. A conviction for a domestic violence offense or contempt can significantly weaken your position in Family Court.

Firearm Surrender Requirements

Under both federal law (18 U.S.C. §922(g)(8)) and New York State law, a person subject to a qualifying order of protection is required to surrender all firearms. In Nassau County, the court will typically order firearm surrender at arraignment. This applies to:

All handguns, rifles, and shotguns you own or possess.

Any firearms stored at your home, even if they belong to someone else and you have access to them.

Your pistol permit, if applicable. The licensing authority (the Nassau County Supreme Court for pistol permits) will be notified.

If you hold a firearms license for professional purposes (law enforcement, security), the order of protection can jeopardize your career. A domestic violence conviction permanently prohibits firearms possession under federal law, which can end a career in law enforcement or armed security.

How to Get an Order of Protection Modified or Removed

If the circumstances of your case change — for example, if you and the protected party reconcile, or if the criminal case is resolved favorably — it is possible to request that the court modify or vacate the order of protection. However, this is not automatic. Even if the protected party wants the order removed, the court must approve the modification.

Your attorney can file a motion to modify the order, requesting a step-down from a full order to a limited or refrain-from order. The judge will consider the circumstances of the case, the wishes of the protected party, the nature of the underlying charge, and public safety factors. In Nassau County, judges are cautious about modifying orders of protection — they do not want to be the judge who reduced an order and then something happened.

This is why strategic advocacy at every stage matters. The best time to argue for a less restrictive order is at the initial arraignment, before the full order becomes the status quo. Once a full order is in place, modifying it requires overcoming the court’s natural inertia.

Contact Hochhauser Criminal & DWI Defense Today

Orders of protection are one of the most consequential aspects of any domestic violence case — and one of the most misunderstood. A single text message can turn into a felony contempt charge. A misunderstanding about the scope of the order can result in your arrest. And the longer a full order is in place, the more it affects your housing, your relationship with your children, and your ability to move forward.

At Hochhauser Criminal & DWI Defense, Richard Hochhauser is a former Nassau County prosecutor who handles domestic violence defense and order of protection cases across Nassau County, Suffolk County, and all of Long Island. He understands the interplay between Criminal Court and Family Court, he knows the judges and ADAs in the domestic violence parts, and he fights to protect your rights from arraignment through resolution.

If you are facing a domestic violence charge, a contempt allegation, or any situation involving an order of protection, contact us today for a free, confidential consultation. Call or text (516) 939-1529. Our office is located directly across from the Nassau County courthouse at 164 Jackson Street in Hempstead.