Bronx Domestic Violence Defense Attorney David Mejia Colgan Explains How Orders of Protection Affect Respondents in the Bronx

BRONX, NY - Orders of protection issued in Bronx Family Court and Bronx Criminal Court can immediately restrict where a person lives, who they may contact, and whether they can see their children. Bronx domestic violence defense attorney David Mejia Colgan of David Mejia Colgan, Esq. (https://dmclawny.com/bronx-domestic-violence-attorney/orders-of-protection/) is providing guidance on what respondents should know when served with a protective order and the defense strategies available to challenge these restrictions under New York law.

According to Bronx domestic violence defense attorney David Mejia Colgan, a temporary order of protection can be issued on the same day a petition is filed, based solely on the petitioner's allegations and without the respondent being present. Under New York Family Court Act Article 8, Section 842, a judge may impose conditions ranging from a simple instruction to refrain from harassment to a full stay-away order that prohibits all contact of any kind. "Many respondents do not realize that a temporary order can force them out of their own home and separate them from their children before they ever appear in court," explains Mejia Colgan.

Bronx domestic violence defense attorney David Mejia Colgan notes that respondents who are served with a protective order must comply with every condition immediately, regardless of whether the allegations are true. A full stay-away order prohibits all direct and indirect contact with the petitioner, including phone calls, text messages, emails, social media messages, and communication through friends or family members. Even a limited "refrain from" order carries serious weight, as any behavior the petitioner interprets as threatening or harassing could be reported as a violation. Violating any condition of the order is a criminal offense under New York Penal Law Section 215.50, carrying up to one year in jail for criminal contempt in the second degree, while violations involving threats, physical contact, or weapons can be elevated to a Class E felony under Penal Law Section 215.51.

Attorney Mejia Colgan emphasizes that several legal defenses may apply depending on the circumstances of the case. Evidence that the petitioner fabricated or exaggerated allegations, particularly during custody disputes or contentious separations, can undermine the petitioner's credibility at a fact-finding hearing. In cases where the only evidence is the petitioner's testimony, inconsistencies or a lack of corroborating details may prevent issuance of a final order. The petitioner must prove the family offense by a fair preponderance of the evidence, and if the alleged conduct does not meet the legal definition of a family offense under Family Court Act Section 812(1), such as assault, harassment, stalking, or menacing, the court may decline to issue the order. "Orders of protection are sometimes used as a strategic tool in custody proceedings, and an experienced defense attorney can identify when that is happening," he notes.

The firm handles cases in which respondents face protective orders in both Family Court and Criminal Court simultaneously. Under Family Court Act Section 812, the parties must have a qualifying relationship, including current or former spouses, parents of a child in common, or individuals in a current or former intimate relationship. If no qualifying relationship exists, the Family Court lacks jurisdiction. Cases involving overlapping proceedings may be referred to the Bronx Integrated Domestic Violence Court, where one judge oversees all related criminal, family, and matrimonial matters. Mejia Colgan advises that coordination of defense strategy across both courts is essential to avoid conflicting positions that could harm the respondent's case.

For parents, the consequences of an order of protection extend directly to custody and visitation rights. The court can award temporary custody to either parent during the term of the order, and any contact with children that violates the order's terms could result in arrest. A final order of protection can last up to two years, or up to five years if the court finds aggravating circumstances such as a prior violation or the use of a weapon. Consenting to an order "without admission" avoids creating a formal finding of domestic violence, which is a factor courts weigh in custody determinations under the best interests of the child standard.

"Respondents should preserve all text messages, emails, and communications with the petitioner, especially any evidence that the petitioner initiated contact," advises Attorney Mejia Colgan. "This documentation can be critical in challenging the allegations at a fact-finding hearing and demonstrating that the petitioner's account is not credible."

One of the most common mistakes respondents make is responding to contact initiated by the protected person. The order is a directive to the respondent only, and even if the petitioner calls, texts, or extends an invitation, responding can result in arrest while the petitioner faces no legal consequence for initiating that contact. For those served with an order of protection in the Bronx, consulting an experienced defense attorney promptly may help protect parental rights and challenge restrictions before they become long-term.

About David Mejia Colgan, Esq.:

David Mejia Colgan, Esq. is a Bronx-based domestic violence defense practice led by attorney David Mejia Colgan, a former Assistant District Attorney with more than 30 years of experience in New York criminal and family courts. The firm represents respondents facing orders of protection, family offense petitions, and related criminal charges throughout Bronx County and New York City. For consultations, call (718) 484-8820.

Embeds:

Youtube Video: https://www.youtube.com/watch?v=l5iIflLtU9c

GMB: https://www.google.com/maps?cid=10458568621536558650

Email and website

Email: david.m.colgan@gmail.com

Website: https://dmclawny.com/

Media Contact
Company Name: David Mejia Colgan, Esq.
Contact Person: David Mejia Colgan
Email:Send Email [https://www.abnewswire.com/email_contact_us.php?pr=bronx-domestic-violence-defense-attorney-david-mejia-colgan-explains-how-orders-of-protection-affect-respondents-in-the-bronx]
Phone: (718) 484-8820
Address:910 Grand Concourse Suite 1F
City: Bronx
State: NY 10451
Country: United States
Website: https://dmclawny.com/

Legal Disclaimer: Information contained on this page is provided by an independent third-party content provider. ABNewswire makes no warranties or responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you are affiliated with this article or have any complaints or copyright issues related to this article and would like it to be removed, please contact retract@swscontact.com



This release was published on openPR.