Your Ex Made Domestic Violence Allegations and Got an Order of Protection. Now What?

It happens fast. An argument, a breakup, a custody dispute — and suddenly police are involved, allegations are made, and a judge signs an order of protection. You may be ordered out of your own home. You may be barred from seeing your children. And you may be facing criminal charges on top of it all.

Take the order seriously — even if the allegations are false

An order of protection is a court order. Violating it is a crime — criminal contempt — even if the underlying allegations are exaggerated or completely untrue. Even if your ex calls you first. Even if they invite you over. The order binds you, not them.

Read every term carefully

Orders vary. Some require you to stay away entirely — no calls, no texts, no third-party messages, no social media contact. Others allow limited contact about children. Some order you to move out of a shared home. Know exactly what your order says, and follow it to the letter. "I didn't know" is not a defense.

Do not try to "work it out" directly

The most common mistake: responding to the accuser's messages. If your ex texts you, do not reply. Screenshot it, save it, and send it to your attorney. Contact that seems harmless — even friendly — can result in your arrest.

Understand the two tracks

A domestic violence allegation often runs in two courts at once: criminal court (if charges were filed) and family court (custody, visitation, the order itself). What happens in one affects the other. A misstep in family court can damage your criminal defense, and vice versa. You need a strategy that covers both.

Gather your evidence now

Save text messages, emails, call logs, photos, and anything that documents the relationship and the events in question. Write a detailed timeline while your memory is fresh. If the allegations are false or exaggerated, the evidence of that usually already exists — in your phone, in messages, in witnesses.

False allegations happen — and can be exposed

Allegations sometimes arise in the middle of breakups and custody fights, where an order of protection can be used as leverage. Courts know this. A careful defense can expose inconsistencies, motives, and contradictions — but only if you protect yourself first by strictly obeying the order.

Yvonne Garbett has 24 years of experience in criminal and family court — as a former prosecutor and as a defense attorney. She handles both sides of these cases, and she knows how to fight for your rights without putting you at further risk.

Get Help From the Law Office of Yvonne Garbett

If you or a loved one is facing a criminal charge, a DWI, or a family law matter in Rockland, Orange, or Westchester County, don't wait to get answers. The Law Office of Yvonne Garbett offers service in English and Spanish.

- Visit garbettlaw.com (https://garbettlaw.com) to learn more

- Call or text 845-290-2492 to talk about your next steps

Help is available in English and Spanish — reaching out is the first move toward protecting your future.

This article provides general information about New York law. It isn't legal advice for your specific case.