Section 287(a) of the Penal Law provides that anyone who violates an order lawfully given by a court or by an authorized official is liable to up to two years' imprisonment.
What does the law provide?
Section 287(a) of the Penal Law provides that anyone who violates an order lawfully given by a court or by an authorized official is liable to up to two years' imprisonment. Section 287(b) is more severe: when the violated order was intended to protect a person's life, body, or safety, for example a protection order or an order for the prevention of threatening harassment, the punishment rises to up to 4 years' imprisonment.
Which violations fall within the scope of the offense?
Violation of a restraining order or protection order; violation of release conditions from detention, foremost among them violation of house arrest; violation of a no-contact order; violation of a civil judicial order; and non-compliance with other authorized instructions. The violation does not have to be dramatic: even a brief departure from house arrest or sending a single message in violation of a no-contact order establishes the offense.
Violation of house arrest: dual consequences
Anyone who violates house arrest conditions is exposed to two consequences simultaneously: a new criminal charge for violation of a lawful order, and an immediate prosecution request to return them to detention behind bars until the end of proceedings. The courts view this breach of trust as highly serious: someone who received the court's trust and was released to an alternative to detention, and violated it, will find it very difficult to receive another alternative. Therefore, any difficulty in complying with the detention conditions must be resolved through the proper route: a formal request to the court to change the conditions, and not an independent violation.
Legal representation in cases of violation of a lawful order
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in detention proceedings, conditional release, and alleged violations of orders. When a return to detention is at stake, every hour matters. Contact us immediately for an initial consultation with no obligation.
What does the law provide?
Section 287(a) of the Penal Law provides that anyone who violates an order lawfully given by a court or by an authorized official is liable to up to two years' imprisonment. Section 287(b) is more severe: when the violated order was intended to protect a person's life, body, or safety, for example a protection order or an order for the prevention of threatening harassment, the punishment rises to up to 4 years' imprisonment.
Which violations fall within the scope of the offense?
Violation of a restraining order or protection order; violation of release conditions from detention, foremost among them violation of house arrest; violation of a no-contact order; violation of a civil judicial order; and non-compliance with other authorized instructions. The violation does not have to be dramatic: even a brief departure from house arrest or sending a single message in violation of a no-contact order establishes the offense.
Violation of house arrest: dual consequences — what is important to know?
Anyone who violates house arrest conditions is exposed to two consequences simultaneously: a new criminal charge for violation of a lawful order, and an immediate prosecution request to return them to detention behind bars until the end of proceedings. The courts view this breach of trust as highly serious: someone who received the court's trust and was released to an alternative to detention, and violated it, will find it very difficult to receive another alternative. Therefore, any difficulty in complying with the detention conditions must be resolved through the proper route: a formal request to the court to change the conditions, and not an independent violation.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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