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A criminal court temporary order of protection (TOP) is a legal tool used to restrict contact between individuals, typically in cases involving allegations of harassment, assault, or domestic violence. In Queens, NY, these orders are commonly issued at the outset of a criminal case and can have serious consequences for the person served, including restricting contact with loved ones, limiting where you can go, and even forcing you out of your home. If you’ve been served with a TOP, there are strategies to fight it, and one such tool is a Crawford hearing.
To effectively challenge a TOP, it’s essential to first understand its terms. Courts may issue either:
Knowing which type of order has been issued against you helps frame your strategy for fighting it.
It is critical that you comply with the TOP while preparing to fight it. Violating the order—even if you believe it’s unjust—can result in additional criminal charges, such as contempt of court, which may carry heavy penalties including fines, imprisonment, and a permanent criminal record. Even if the allegations are false, following the order is crucial to avoid making the situation worse.
One powerful way to challenge a TOP is through a Crawford hearing. Named after the 2004 Supreme Court case Crawford v. Washington, this type of hearing is used to contest the admissibility of hearsay evidence, which is often relied upon in securing temporary orders of protection.
Hearsay is a statement made outside of court that is presented as evidence to prove the truth of the matter asserted. In a criminal case involving a TOP, the protected party may make out-of-court statements that could be used against you. At a Crawford hearing, your attorney can argue that such statements should not be admitted unless the person who made them testifies in court and is available for cross-examination.
By challenging hearsay evidence, you can potentially weaken the case against you and increase your chances of getting the TOP modified or dismissed.
In addition to a Crawford hearing, it’s important to gather evidence that supports your case. This could include emails, text messages, or social media posts that demonstrate that the protected party’s allegations are false or exaggerated. Witnesses who can testify about your character or provide firsthand accounts of the incident in question can also strengthen your case.
To fight the TOP, you must request a hearing where you can present your evidence. This hearing will provide you an opportunity to dispute the claims made against you and explain why the TOP is unwarranted. It’s critical to have a knowledgeable criminal defense attorney by your side who understands how to navigate both the criminal and family court systems.
At Vasiliou Law, we specialize in helping clients in Queens fight orders of protection and other criminal charges. We will evaluate the facts of your case, gather evidence, and explore legal strategies like a Crawford hearing to challenge the admissibility of key evidence.
If the protected party is making false claims or has been the aggressor, you may be able to file a cross-petition. This allows you to request your own order of protection or to have the terms of the existing order modified.
A criminal court temporary order of protection can severely impact your daily life, but it’s not unchallengeable. With the help of an experienced criminal defense attorney and strategies such as a Crawford hearing, you can fight to have the order modified or dismissed. If you are facing a TOP in Queens, NY, contact Vasiliou Law for a consultation to protect your rights and defend your freedom.
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