Being served with an order of protection in the Bronx can immediately disrupt your daily life. You may be forced out of your own home, barred from seeing your children, and prohibited from contacting family members, all before a judge has heard your side of the story. In many cases, a temporary order is issued the same day the petition is filed, based solely on the petitioner’s allegations.
David Mejia Colgan, Esq., has more than 30 years of experience as a domestic violence defense lawyer in the Bronx. He 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. That prosecutorial background gives him direct insight into how these cases are built and where they can be challenged.
This guide explains what a Bronx order of protection means for respondents, how the process works in the Bronx Family Court and Bronx Criminal Court, what defenses are available, how protective orders affect custody and visitation, the criminal penalties for violations, and what steps to take immediately after being served. Call David Mejia Colgan Esq. at (718) 484-8820 for a free consultation.
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An order of protection is a court-issued directive that places legal restrictions on the respondent’s behavior toward another person. Under New York Family Court Act Article 8, Section 842, a judge can order conditions ranging from a simple instruction to refrain from harassment to a full stay-away order that prohibits all contact of any kind.
For the person on the receiving end, the consequences are immediate and far-reaching. A full stay-away order can force you to leave your home, even if you are the owner or the person on the lease. It can prevent you from seeing your children until the court builds a specific visitation exception into the order. It restricts all communication, including phone calls, text messages, emails, social media messages, and contact through friends or family members.
Even a limited “refrain from” order carries serious weight. While it allows you to remain in the same household and maintain contact, any behavior the petitioner interprets as threatening, intimidating, or harassing could be reported as a violation, potentially leading to your arrest.
Key Takeaway: An order of protection restricts the respondent’s behavior immediately upon service. Even before any hearing takes place, you can be removed from your home, separated from your children, and at risk of arrest for any contact with the petitioner.
David Mejia Colgan defends respondents facing orders of protection throughout Bronx County. Call (718) 484-8820 to discuss your situation.
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Understanding the type of order issued against you is the first step in building a defense. The restrictions you face and the strategies available to challenge or modify them depend on the specific order in place.
A full stay-away order is the most restrictive form of protective order. It prohibits all contact with the petitioner and requires the respondent to stay away from the petitioner’s home, workplace, school, and children. This includes direct and indirect contact, meaning you cannot ask someone else to relay a message on your behalf.
A limited order of protection allows continued contact between the parties but prohibits specific conduct such as harassment, intimidation, threats, or assault. These orders are more common in cases where the parties share children and the court determines that some level of contact is necessary.
A temporary order of protection (TOP) is issued at the start of the case, often on the same day the petition is filed and before you have appeared in court. Under Family Court Act Section 842, a final order 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.
| Order Type | What It Means for the Respondent | Duration |
|---|---|---|
| Full Stay-Away (Temporary) | No contact of any kind; may require leaving shared home | Until hearing or final order |
| Full Stay-Away (Final) | No contact; up to 2 years, or 5 years with aggravating factors | 2 to 5 years |
| Limited/Refrain From | Contact permitted, but no harassment, threats, or intimidation | Same as above |
| Criminal Court Order | Issued alongside criminal charges; similar restrictions | Duration of case or longer |
Key Takeaway: Temporary orders are typically issued based on the petitioner’s sworn allegations before the respondent has an opportunity to be heard. Final orders require a hearing or the respondent’s consent. Knowing the difference determines your defense strategy.
Contact David Mejia Colgan to review the specific terms of the order issued against you. Call (718) 484-8820.
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The first 24 to 48 hours after being served with an order of protection are critical. The steps you take during this period can significantly affect the outcome of your case.
Every order of protection contains specific conditions. Some orders are full stay-away orders, while others are limited. Misunderstanding the terms can lead to an accidental violation, which carries criminal penalties. If anything in the order is unclear, contact a defense attorney immediately rather than guessing.
This is the most important rule for respondents: comply with every condition of the order, even if you believe the allegations are completely fabricated. Violating a protective order is a criminal offense under New York Penal Law, regardless of your intent or whether the protected person invited contact. Courts and prosecutors take violations seriously, and a single misstep can undermine your entire defense.
Save all text messages, emails, voicemails, social media messages, and any other communications with the petitioner, especially any messages that contradict the allegations or show the petitioner initiating contact. Write down your account of events while the details are fresh. Identify potential witnesses who can corroborate your version of events.
Key Takeaway: Comply with the order immediately and completely. Do not contact the petitioner for any reason, even if they reach out to you first. Preserve all evidence and contact a defense attorney as soon as possible.
David Mejia Colgan can review your order and begin building your defense the same day you call. Reach out at (718) 484-8820.
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Family offense proceedings in the Bronx are heard at Bronx Family Court, located at 900 Sheridan Avenue. Understanding each stage of the process helps you prepare a defense and know what to expect.
The process begins when the petitioner files a family offense petition and requests a temporary order. The judge reviews the petition and can issue a temporary order of protection on the same day, without the respondent being present or notified. This ex parte process is one of the most challenging aspects for respondents because restrictions are imposed based entirely on one person’s account.
After the temporary order is issued, it must be personally served on the respondent along with the petition and a date to appear in court. The order does not take effect against the respondent until it has been properly served.
At the return date, you have options. You can consent to the order without admitting wrongdoing, which resolves the case but means the order remains in effect. Alternatively, you can deny the allegations, in which case the court schedules a fact-finding hearing. Consenting “without admission” means the court makes no finding that you committed a family offense, which can matter in related custody or divorce proceedings.
If you contest the allegations, the petitioner must prove the family offense by a “fair preponderance of the evidence.” This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases, but it still requires the petitioner to present credible evidence. You have the right to cross-examine the petitioner, present your own witnesses, and submit evidence such as text messages, photographs, or records that contradict the allegations.
Key Takeaway: Temporary orders are issued without your input, but you have the right to contest them at a hearing. The petitioner bears the burden of proof, and an attorney who understands how to challenge their evidence can make a significant difference.
David Mejia Colgan regularly represents respondents at Bronx Family Court and can prepare your defense for the hearing. Call (718) 484-8820.
David Mejia Colgan earned his J.D. from New York University School of Law in 1998 and his B.A. from Lafayette College in 1993, where he was a member of Pi Sigma Alpha, the national political science honor society. After law school, David began his career as an Assistant District Attorney in the Bronx County District Attorney’s Office, where he worked in the domestic violence and sex crimes bureaus, prosecuted serious felony matters including homicides, and tried numerous misdemeanor and felony cases.
He gained additional trial experience as a legal intern in the homicide bureau of the Kings County District Attorney’s Office and in the Legal Aid Society’s Criminal Appeals Bureau. David is admitted to practice in New York State and in the U.S. District Courts for the Southern, Eastern, Northern, and Western Districts of New York. Fluent in Spanish, he is known for taking the time to make sure clients fully understand the legal process and their options.
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Several legal defenses may apply to your case, depending on the specific facts and circumstances. An attorney with experience on both sides of these cases can evaluate which strategies offer the strongest chance of success.
Orders of protection are sometimes sought as a tactical move during custody disputes, divorce proceedings, or contentious breakups. Evidence that the petitioner fabricated or exaggerated the allegations can be powerful. Text messages showing a friendly or romantic relationship close to the date of the alleged offense, communications where the petitioner admits to lying, or a pattern of filing petitions around key dates in custody proceedings can all undermine the petitioner’s credibility.
The petitioner must prove the family offense by a fair preponderance of the evidence. If the only evidence is the petitioner’s testimony and it contains inconsistencies, contradictions, or a lack of corroborating details, the court may decline to issue a final order. New York Family Courts have dismissed petitions where the petitioner alleged harassment but failed to provide sufficient credible evidence to meet the preponderance standard.
Under Family Court Act Section 812, the parties must be related by blood or marriage, currently or formerly married, parents of a child in common, or in a current or former intimate relationship. If the relationship does not meet these criteria, the Family Court lacks jurisdiction. Casual acquaintances and ordinary social interactions generally do not qualify as an intimate relationship under Family Court Act Section 812.
Not every unpleasant interaction qualifies as a family offense. The petitioner must allege conduct that fits one of the specific offenses listed in Family Court Act Section 812(1), such as assault, harassment, stalking, menacing, or strangulation. Disagreements, arguments, or rude behavior that do not rise to the level of a statutory offense may not support an order.
If the incident involved mutual physical contact, evidence that you acted in self-defense or that both parties were equally involved can challenge the petitioner’s characterization of events.
Key Takeaway: Respondents have multiple avenues to challenge an order of protection. False allegations, insufficient evidence, jurisdictional issues, and conduct that does not meet the legal definition of a family offense are all viable defenses.
David Mejia Colgan, a former ADA who prosecuted domestic violence cases in the Bronx, now uses that knowledge to identify weaknesses in the petitioner’s case. Call (718) 484-8820.
Violating an order of protection is a criminal offense in New York, and the penalties escalate based on the nature of the violation and your prior history. Even if the protected person initiates the contact, you are the one who faces criminal liability.
Any violation of the order’s conditions, including a single phone call or text message, can be charged as criminal contempt in the second degree under New York Penal Law Section 215.50(3). This is a Class A misdemeanor carrying up to one year in jail, up to three years of probation, and fines. A conviction can result in a permanent criminal record, although in limited circumstances, New York law allows certain records to be sealed.
Violations involving threats, physical contact, stalking, displaying a weapon, or placing the protected person in fear of injury can be charged as criminal contempt in the first degree under Penal Law Section 215.51. This is a Class E felony punishable by up to four years in state prison and fines up to $5,000. If you have a prior contempt conviction within the preceding five years, the charges can be elevated further.
If the violation causes physical injury to the protected person, you face aggravated criminal contempt under Penal Law Section 215.52, a Class D felony carrying up to seven years in prison.
Violation | Charge | Classification | Maximum Penalty |
Any condition violated (call, text, proximity) | Criminal Contempt 2nd Degree (PL 215.50) | Class A Misdemeanor | Up to 1 year in jail |
Threats, stalking, physical contact, weapon | Criminal Contempt 1st Degree (PL 215.51) | Class E Felony | Up to 4 years in prison |
Violation causing physical injury | Aggravated Criminal Contempt (PL 215.52) | Class D Felony | Up to 7 years in prison |
One of the most common mistakes respondents make is responding to a contact initiated by the protected person. The order is a directive to the respondent only. Even if the petitioner calls, texts, or invites you over, you are legally required not to respond. Responding to their contact can result in your arrest, while the petitioner faces no legal consequence for initiating it.
Key Takeaway: Even minor, seemingly harmless contact can result in a criminal conviction with lasting consequences. Never respond to the petitioner’s attempts to communicate, and report any contact they initiate to your attorney.
If you have been arrested for violating an order of protection, call David Mejia Colgan at (718) 484-8820 immediately.
For parents, an order of protection can have consequences that extend far beyond the restrictions on contact. The order can directly reshape your relationship with your children, and without proper legal representation, the effects can persist long after the order expires.
Under Family Court Act Section 842, the court can award temporary custody to either parent during the term of the order. If a full stay-away order is in place and does not include a visitation exception, any contact with your children could be treated as a violation. This means that even picking your child up from school or attending their sporting event could lead to arrest.
In Bronx County, family offense and custody cases are sometimes consolidated before a single judge in the Integrated Domestic Violence (IDV) Court. While this “one family, one judge” approach can provide consistency, it also means that the judge handling your family offense case may be the same judge deciding custody, making early defense of the protective order even more important.
If you consent to an order of protection “without admission,” the court does not make a finding that you committed a family offense. This distinction matters because a finding of domestic violence is a factor courts consider in custody determinations. Agreeing to an order on consent, without admission, avoids creating a formal finding that could later be used against you in custody proceedings.
However, simply having an active order of protection can still influence how a judge views your custody case. Judges evaluate what arrangement serves the best interests of the child, and the existence of a protective order, even one entered on consent, is part of the picture.
Key Takeaway: An order of protection can separate you from your children and influence custody decisions. Whether to consent to an order or contest it at a hearing is a strategic decision that should account for the impact on your parental rights.
David Mejia Colgan, Esq., handles both family offense defense and custody matters in Bronx Family Court. Call (718) 484-8820.
Yes. Either party can request that the court modify or vacate (cancel) an existing order of protection by filing a motion or petition with the court that issued the order. However, only the judge can officially change the terms. An informal agreement between you and the petitioner to ignore the order has no legal effect and will not protect you from arrest.
Common reasons to seek modification include a change in circumstances, such as the need for contact related to shared children, the petitioner’s agreement that the full stay-away is no longer necessary, or evidence that the original order was based on false or exaggerated allegations.
The court will schedule a hearing to consider the request. Both parties have the opportunity to present their positions. Until the court officially modifies the order, all original terms remain in full effect and must be followed. Any violation during the modification process carries the same criminal penalties as any other violation.
If the order of protection was issued by the Bronx Criminal Court as part of a criminal case, the Family Court cannot modify it. You would need to address the modification through the criminal court that issued the order, which may involve working with the prosecutor’s office.
Key Takeaway: You can petition the court to modify or vacate an order of protection, but you must continue to comply fully with the existing order until the judge officially changes it. Never rely on a verbal agreement with the petitioner.
David Mejia Colgan can file a motion to modify or vacate an order of protection on your behalf. Call (718) 484-8820.
Yes, and this is a situation that many Bronx respondents face. If the alleged conduct results in both a family offense petition and criminal charges, you can have separate orders of protection issued by the Family Court and the Criminal Court at the same time.
In Family Court, the proceeding is civil. The petitioner controls the case and must prove the family offense by a preponderance of the evidence. In Criminal Court, the Bronx County District Attorney’s Office prosecutes the case, and the judge typically issues an order of protection as a condition of release. The criminal standard of proof is “beyond a reasonable doubt,” which is significantly higher.
Having orders from both courts creates additional complexity. The terms may differ, and violating either order carries criminal consequences. In some cases, the matter may be referred to the Integrated Domestic Violence (IDV) Court, where one judge oversees all related proceedings.
Key Takeaway: If you face protective orders in both Family Court and Criminal Court, you must comply with the terms of both. A defense attorney who handles matters in both courts can coordinate your strategy to avoid conflicting positions that could harm your case.
Contact David Mejia Colgan, Esq. to coordinate your defense across courts. Call (718) 484-8820.
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Being named as a respondent in a family offense proceeding or facing a protective order in a criminal case can threaten your freedom, your home, your relationship with your children, and your reputation. These orders carry serious legal consequences, and the process moves quickly. A temporary order can be issued before you even know a petition has been filed.
David Mejia Colgan, Esq. brings more than 30 years of legal experience to order of protection defense in Bronx County. As a former Assistant District Attorney who worked in the Bronx DA’s domestic violence bureau, he knows how prosecutors and petitioners build these cases, what evidence they rely on, and where those cases have weaknesses. He now uses that perspective to defend respondents at Bronx Family Court and in Bronx Criminal Court. Contact the firm’s Bronx domestic violence defense lawyers to discuss your case.
Call David Mejia Colgan at (718) 484-8820 for a free consultation. The office is located at 910 Grand Concourse, Suite 1F, in the Bronx, with an additional office in Westchester County. David Mejia Colgan, Esq., serves clients throughout New York City, including the five boroughs and surrounding counties.
Yes. The order of protection is a directive to the respondent, not to the petitioner. Even if the protected person calls you, texts you, or invites you over, you can be arrested for responding. Save any evidence of contact they initiate and share it with your attorney.
Temporary orders of protection can be issued ex parte, meaning the judge heard only the petitioner’s side. This is allowed under New York law. You will have the opportunity to respond at the return date hearing, where you can contest the allegations or negotiate the terms.
Under both New York and federal law, an active order of protection can restrict your ability to possess firearms. Federal law under 18 U.S.C. Section 922(g)(8) prohibits firearm possession by individuals subject to certain qualifying protective orders. If you hold a firearms license, you should discuss this with your attorney immediately.
If a full stay-away order includes your shared residence, you may be required to leave, even if you are the owner or the leaseholder. Courts can issue exclusion orders even if you are the legal owner or leaseholder of the residence. Your attorney can argue against an exclusion order or seek a limited order that allows you to remain in the home.
Temporary orders last until the next court date or until a final order is issued. Final orders can last up to two years, or up to five years if the court finds aggravating circumstances. The order can also be extended upon a showing of good cause.
David Mejia Colgan is fluent in Spanish and works closely with the Bronx’s Spanish-speaking communities to make sure clients fully understand the charges against them and their legal options. Se habla español.
