Challenging Orders for Protection
Dutchess County Domestic Violence and Orders of Protection Defense
If you have been accused of spousal abuse, immediate action is required to prevent a spiral of adverse events. The law firm of Vasti & Vasti, PC will represent you on the criminal charges, if any, as well as possible family court actions, and help limit the consequences of an Order of protection - which can remove you from your home and/or business, and which can restrict you from enjoying any form of visitation, contact and/or communication with your spouse, children and other family members.
Contact our Pleasant Valley office at 845-635-8866. During your free consultation, we will discuss the facts of your case and the possible outcomes. We practice in Dutchess County, Ulster County, Putnam County and throughout the Hudson Valley.
Domestic Violence Defense
We realize that false or exaggerated allegations of domestic violence and child endangerment often arise during divorce and custody proceedings, or in advance of a break-up. A temporary protection order can be used as leverage to remove you from your home and separate you from your children. Without aggressive action, the court might make the order permanent or issue such conditions of therapy, treatment or restrictive behaviors that doom you to repeated failure and potential charges for contempt of violating Court Orders.
Temporary orders typically dictate that you have no contact with your spouse (or partner) and your kids. This is usually unnecessary and counterproductive - and it makes it nearly impossible for a family to reconcile after the event. Attorney Tom Vasti III works quickly to vacate the order for protection, or to limit its scope so that you can at least have contact and/or visitation with your children and to ensure that your bills are being paid and your home is being secured.
We work with police authorities, local judges and the district attorney to determine if criminal charges are likely:
- We may seek to have the matter transferred and heard in family court, which focuses on counseling, family therapy and other alternatives to jail.
- In other cases, it can actually be beneficial to opt-in to criminal court. A spouse facing perjury for false statements may suddenly drop the criminal complaint and agree to rescind or scale back the Protective Order.
- In Dutchess County, a new part of the Supreme Court has been created under special state legislation called the Integrated Domestic Violence Court, (IDV), which can allow us to transfer criminal cases and related family offense actions together in the IDV Court for swifter and unified outcomes. This reduces defense costs, streamlines litigation, and often avoids duplicate therapy and/or punishments.
Protection Order Violations
If you are accused of violating a no-contact, "stay-away" order or engaging in harassing behavior after a permanent or temporary Protective Order is issued, you may face additional criminal charges. Penalties can include a jail term of up to 6 months, mandatory therapy or substance abuse treatment, and high fines and legal fees. It will almost always have ramifications upon custody and visitation proceedings, employment and your ability to possess firearms and either keep or maintain pistol license.
We provide a vigorous defense for allegations of domestic assault or Protective Order violations, and we aggressively challenge the very issuance and validity of temporary or permanent protective orders. Contact Vasti & Vasti for experienced representation in these frustrating but very serious matters. We offer a free initial consultation, and can represent you at your initial bail hearing or arraignment.
Vasti & Vasti, PC
Serious Lawyers, Serious Representation
