Violating an order of protection (OOP) in the Bronx can lead to criminal contempt charges when the conduct violates a court order. Depending on the facts, prosecutors may charge second-degree criminal contempt under PL § 215.50, first-degree criminal contempt under PL § 215.51, or aggravated criminal contempt under PL § 215.52. When the same incident also supports a separate assault allegation, prosecutors may also consider third-degree assault under PL § 120.00.
David Mejia Colgan, Esq. helps people facing Bronx criminal contempt charges understand what the order prohibits, what the prosecution must prove, and how an alleged violation may affect their case. Our Bronx criminal defense lawyer focuses on the specific facts, court order terms, evidence, and related domestic violence or assault allegations involved.
This guide explains the difference between second-degree, first-degree, and aggravated criminal contempt, how these charges connect to domestic violence cases in the Bronx, what penalties you face, and what steps to take if you have been charged. Call (718) 484-8820 to speak with attorney David Mejia Colgan.
What Does It Mean to Violate an Order of Protection in New York?
An order of protection is a court order that restricts one person’s behavior toward another. An OOP can prohibit someone from contacting, threatening, or coming near the protected party, their home, their workplace, or their children.
A violation occurs when the person subject to the order does anything the order prohibits. This includes direct contact like phone calls, text messages, and in-person visits, as well as indirect contact, such as having a friend or family member deliver a message on your behalf.
What catches many people off guard is that the protected party’s wishes do not change the order’s terms. Even if the person who obtained the OOP invites contact, the order remains enforceable. Only a judge can modify or vacate an order of protection, so responding to the protected party’s outreach can still result in arrest and criminal contempt charges.
Key Takeaway: An OOP remains enforceable unless a judge changes it. Direct or indirect contact that violates the order can lead to criminal contempt charges.
Call (718) 484-8820 to discuss your case. Our criminal defense attorney is available to answer questions about your situation and explain your options.
What Is Second-Degree Criminal Contempt Under PL § 215.50?
PL § 215.50 is the baseline criminal contempt charge for violating a court order in New York, including an OOP. A person commits second-degree criminal contempt by intentionally disobeying a lawful mandate of a court. The charge is classified as a Class A misdemeanor, carrying a maximum jail sentence of 364 days.
In domestic violence cases, this charge typically applies when the accused makes prohibited contact without any physical confrontation. Common examples include:
- sending a text message
- showing up at the protected party’s home
- calling from a blocked number
- asking someone else to relay a message
The prosecution does not need to prove the contact was threatening, only that it violated the specific terms of the order and was done intentionally.
In Bronx domestic violence cases, a second-degree contempt charge may also affect how the case is assigned and managed in court, especially when related family or criminal matters are pending.
What Is First-Degree Criminal Contempt Under PL § 215.51?
PL § 215.51 elevates criminal contempt to a Class E felony. The distinction between second-degree and first-degree contempt can affect sentencing exposure, court handling, and case strategy.
What Conduct Triggers a Felony Contempt Charge?
Under PL § 215.51, an OOP violation can become first-degree criminal contempt when the alleged conduct includes certain aggravating facts. These can include repeatedly following the protected person, engaging in a course of conduct, repeated acts over time, threatening electronic or written communication, repeated harassing calls, physical menace, qualifying property damage over $250, qualifying physical contact, or a qualifying prior contempt conviction involving an order of protection within the prior five years. For several of these grounds, the prosecution must prove that the conduct intentionally placed or attempted to place the protected person in reasonable fear of physical injury, serious physical injury, or death.
When the allegations involve intentionally or recklessly causing physical injury or serious physical injury to the protected person, or qualifying repeat-contempt circumstances, prosecutors may also evaluate aggravated criminal contempt under PL § 215.52. That charge is separate from first-degree contempt and can increase the defendant’s sentencing exposure.
For first-degree criminal contempt under PL § 215.51(b)(v), serious physical injury is not required. The statute covers striking, shoving, kicking, other physical contact, or an attempt or threat to do the same, when done with the required intent and in violation of a qualifying order of protection.
How Does PL § 215.51 Connect to Third-Degree Assault Charges?
A single domestic incident can lead to both contempt and assault charges when the facts support each offense. Alleged physical contact in violation of a qualifying OOP may support first-degree criminal contempt under PL § 215.51(b)(v), while proof of physical injury and the required mental state may support a separate third-degree assault charge under PL § 120.00.
If the facts involve intentionally or recklessly causing physical injury or serious physical injury to the protected person, or qualifying repeated contempt circumstances, prosecutors may also evaluate aggravated criminal contempt under PL § 215.52. Sentencing exposure depends on the charges, the facts, and the defendant’s record. Consecutive sentences are not automatic; New York law limits consecutive sentencing when the same act creates both offenses or when one act is a material element of another offense.
Key Takeaway: First-degree criminal contempt under PL § 215.51 is a felony-level contempt charge. Alleged threats, repeated conduct, prohibited communications, qualifying property damage, prior contempt history, or physical contact with the required intent can move an OOP violation beyond misdemeanor treatment.
Call (718) 484-8820 if you are facing felony contempt charges. David Mejia Colgan can review the specifics of your case and explain what to expect.
What Are the Penalties for Criminal Contempt in New York?
The penalties for criminal contempt depend on the degree of the charge and whether it is combined with other offenses. The table below compares the main contempt-related charges that may come up in an OOP violation case.
| Charge | Classification | Maximum Incarceration | Where the Case Is Usually Handled |
|---|---|---|---|
| PL § 215.50, Second-Degree Criminal Contempt | Class A misdemeanor | Up to 364 days in jail | Bronx Criminal Court |
| PL § 215.51, First-Degree Criminal Contempt | Class E felony | Up to 4 years in state prison | Felony case begins in Criminal Court and may proceed in Bronx Supreme Court, Criminal Term |
| PL § 215.52, Aggravated Criminal Contempt | Class D felony | Up to 7 years in state prison | Felony case begins in Criminal Court and may proceed in Bronx Supreme Court, Criminal Term |
| PL § 120.00, Third-Degree Assault, when separately charged | Class A misdemeanor | Up to 364 days in jail | Bronx Criminal Court, unless handled with felony-level charges |
Beyond incarceration, a conviction can also bring probation, fines, mandatory surcharges, and collateral consequences. For a Class A misdemeanor that is not a sexual assault offense, the statutory probation term is two or three years, though probation may be terminated sooner in some cases. A felony sentence depends on the charge, the defendant’s record, and the sentencing statute. A defendant with a qualifying prior felony may face enhanced sentencing as a second felony offender.
Key Takeaway: The charge level matters because it affects sentencing exposure, court handling, and case strategy. Misdemeanor contempt generally remains in Criminal Court, while felony contempt charges may proceed in Bronx Supreme Court, Criminal Term.
How Do Bronx Courts Handle Criminal Contempt Cases?
After an arrest, a defendant who is not released on an appearance ticket is brought to Bronx Criminal Court for arraignment without unnecessary delay. At arraignment, the judge decides release conditions, bail where legally available, remand, and whether to issue or continue a temporary order of protection.
The Bronx District Attorney’s Office has a Domestic Violence Bureau. After arraignment, misdemeanor contempt charges are handled in Criminal Court. Felony cases begin in Criminal Court for arraignment or preliminary proceedings and generally proceed in the Supreme Court, Criminal Term, if the case moves forward as a felony.
Criminal Defense Attorney in the Bronx, David Mejia Colgan, Esq.
David Mejía Colgan, Esq.
David Mejia Colgan is a Bronx criminal defense attorney with more than 25 years of criminal law experience. He earned his J.D. from New York University School of Law in 1998 and was admitted to practice in New York in 1999. Before entering private defense practice, Attorney Colgan served as an Assistant District Attorney in the Bronx County District Attorney’s Office, where he worked in the domestic violence and sex crimes bureaus and handled both misdemeanor and felony matters.
Attorney Colgan brings that prosecution background to his defense practice, helping clients understand the court process and the choices in front of them at each stage of a case. He is admitted to the U.S. District Courts for the Southern, Eastern, Northern, and Western Districts of New York, and he is fluent in Spanish, allowing him to serve clients across New York’s English- and Spanish-speaking communities with clear, direct guidance.
Can the Protected Party Drop a Criminal Contempt Charge in New York?
In a criminal case, the DA controls whether the charges move forward. The protected party may speak with prosecutors, but that person does not control dismissal. The DA may continue the case if other evidence exists, such as messages, call records, video, or witness testimony. A protected party’s recantation does not automatically end the case.
Contacting the protected party to discuss dropping the case is itself a potential OOP violation that can lead to additional contempt charges.
What Defenses Apply to Criminal Contempt Charges in the Bronx?
Several defenses may apply depending on the specific facts of the case. An experienced defense attorney will evaluate which of the following arguments are supported by the evidence:
- Lack of knowledge of the order’s terms. If the defendant was never properly served with the OOP or was not present when the judge issued it, the defense may argue the defendant did not know the order existed or what it required.
- Ambiguous order language. If the order’s terms are vague about what conduct is prohibited, the defense can argue that the defendant could not have intentionally violated a provision they did not understand.
- Lack of intent. PL § 215.50 requires intentional disobedience. Accidental or unknowing contact, such as an unplanned encounter at a public location, may not satisfy this element.
- Mistaken identity. If the alleged contact came from someone other than the defendant, establishing that the defendant was not the person who made contact is a viable defense.
- Constitutional and procedural challenges. These include challenges to the legality of the underlying order, improper service, or violations of the defendant’s rights during the arrest.
What If the Protected Party Contacted Me First?
The protected party contacting the defendant first is not an automatic defense, but it may matter when evaluating intent, the strength of the evidence, and possible plea negotiations. Save texts, voicemails, call logs, and screenshots, and do not respond unless the order allows it or a judge changes the order.
How Does a Criminal Contempt Conviction Affect You Long-Term?
A misdemeanor or felony conviction can appear on a criminal record and affect background checks, employment, housing, and licensing. New York’s Clean Slate Act took effect in 2024, but the court system has until November 16, 2027, to set up automatic sealing for eligible convictions. Sealing is not the same as erasing a record, and some agencies may still be able to see sealed records. In addition to a criminal record, a conviction can bring the following consequences.
Possible Deportation or Immigration Impact
Non-citizens should get immigration-focused legal advice before entering any plea in a contempt or domestic violence case. Federal immigration law can create deportability issues for certain domestic violence crimes, stalking offenses, child abuse offenses, and certain protection-order violations. Whether a contempt or assault conviction is treated as a crime involving moral turpitude, an aggravated felony, or another removable offense depends on the exact statute, the record of conviction, the sentence, and the person’s immigration history.
Custody and Family Court
A criminal contempt conviction involving a domestic violence OOP can affect custody and visitation when the conduct is relevant to the child’s safety and best interests. Custody and visitation cases are decided under the best-interest standard, and New York courts consider domestic violence when deciding custody or visitation.
Employment and Housing
A felony conviction can create barriers in employment, licensing, and housing, even when New York law limits how employers, licensing agencies, and many NYC housing providers may use criminal history.
Key Takeaway: A criminal contempt conviction can affect more than sentencing. Immigration status, custody, employment, housing, and future record-sealing issues may all require careful review before a plea or sentencing decision.
Criminal Contempt Defense for Bronx OOP Violations
Facing criminal contempt charges under PL § 215.50, PL § 215.51, or PL § 215.52 can be serious, especially when the same incident also involves an assault charge. A conviction can affect immigration status, custody rights, and employment.
Attorney Colgan can review the order of protection, the alleged violation, the available evidence, and any related assault or domestic violence allegations. Our team can help you understand what you are facing, what defenses may be available, and what steps may help protect your interests as the case moves forward.
Call David Mejia Colgan, Esq. at (718) 484-8820 for a consultation. Our office is located at 910 Grand Concourse, Suite 1F, in the Bronx and serves clients throughout the Bronx and the greater New York City area.
Frequently Asked Questions
Is violating an order of protection a felony in New York?
Not every order of protection violation is a felony. A basic intentional violation may be charged as second-degree criminal contempt under PL § 215.50, a Class A misdemeanor. Felony treatment may apply when the allegations involve aggravating conduct, such as threats, repeated contact, qualifying physical contact, property damage over the statutory threshold, or a qualifying prior contempt conviction. Injury allegations that satisfy PL § 215.52’s required mental state, or certain repeated or contempt-related circumstances, may support aggravated criminal contempt under PL § 215.52.
What happens at arraignment for a contempt charge in the Bronx?
At arraignment, the court reviews the accusatory papers and addresses immediate issues such as release conditions, bail where legally available, remand, and any temporary order of protection. For a Bronx contempt charge, this first appearance can shape the early direction of the case, especially if the charge is felony-level or tied to a domestic violence allegation.
Can I be charged with both assault and criminal contempt?
An alleged OOP violation may support a criminal contempt charge, while proof of physical injury and the required mental state may support a separate third-degree assault charge under PL § 120.00. If the facts involve intentionally or recklessly causing physical injury or serious physical injury to the protected person, or qualifying repeated or contempt-related allegations, prosecutors may also evaluate aggravated criminal contempt under PL § 215.52.
Does a temporary order of protection count the same as a final order?
A temporary order of protection can be enforced while it remains in effect, even though it is not a final order. Violating a temporary or final order can lead to criminal contempt charges, with the charge level depending on the conduct, the order’s terms, and any prior contempt history.
What if I didn’t know the order was still in effect?
Lack of knowledge may be a defense in some cases, but it is highly fact-specific. The issue often depends on whether the defendant was present when the order was issued, properly served, or otherwise had actual knowledge of the order and its terms. Court records, service documents, and the language of the order are important to reviewing this defense.
Will a criminal contempt conviction affect my immigration status?
It can. Non-citizens should seek immigration-focused legal guidance before entering a plea in a contempt or domestic violence case. Immigration consequences depend on the specific conviction, sentence, record of conviction, and the person’s immigration history. Some domestic violence-related offenses and protection-order violations can create serious immigration risks.
How long does a criminal contempt case take in the Bronx?
There is no single timeline for a Bronx criminal contempt case. The length of the case can depend on whether the charge is a misdemeanor or felony, the available evidence, motion practice, plea discussions, court scheduling, and whether the case is resolved or moves toward trial. Felony contempt cases may take longer because they can involve additional proceedings in Bronx Supreme Court, Criminal Term.
Can a criminal contempt charge be reduced or dismissed in the Bronx?
It may be possible, but it depends on the facts, evidence, charge level, prior record, and negotiations with the DA. In some misdemeanor cases, an Adjournment in Contemplation of Dismissal may be considered if the required consent and court approval are obtained. Whether reduction, dismissal, or another resolution is available depends on the specific case.
from David Mejia Colgan, Esq https://dmclawny.com/blog/criminal-contempt-violating-order-of-protection-bronx/
No comments:
Post a Comment