PL 215.51 · Article 215
Criminal Contempt in the First Degree
This felony applies when you violate an order of protection in a way that places the protected person in reasonable fear of physical injury or death — by displaying what appears to be a firearm, by repeatedly following or contacting them, or by threatening them — or when you refuse to testify before a grand jury.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- An order of protection was duly served on you, or you were present in court when it issued.
- You acted in one of the ways the statute lists — threats, repeated following or contact, or display of what appeared to be a firearm.
- The protected person was placed in reasonable fear of physical injury, serious physical injury or death.
Defenses that commonly apply
- The order was not served and you had no actual knowledge of it.
- The contact was not voluntary, or was invited.
- The conduct did not place anyone in reasonable fear.
- The communication alleged is not what the prosecution claims.
Penalties and collateral consequences
A Class E Felony carries a maximum sentence of up to 4 years and a fine of up to Up to $5,000.
A conviction can require surrender of firearms and affects immigration status. This charge often follows an earlier contempt case.
Every case turns on its own facts. The information on this page is general, not legal advice.
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