Criminal Contempt Attorney in Syracuse, NY

A criminal contempt attorney defends you when police say you broke a court order, most often an order of protection. In New York, that charge can be a misdemeanor or a felony. Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. Call 315-424-8326 for a free consultation.

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Violation of Order of Protection Lawyers Who Used to Prosecute These Cases

One text, one call or one knock on the door can lead to an arrest. What you do next matters.

In New York, breaking a court order is a crime called criminal contempt. Most cases start with an order of protection: a judge orders you to stay away from someone, or to “refrain” from harassing or threatening them. Police say you broke that order, and you are arrested, often the same day. The charge can be criminal contempt in the second degree, a misdemeanor, or criminal contempt in the first degree or aggravated criminal contempt, which are felonies.

These cases move fast and they escalate. At arraignment, the judge will usually issue a new, often stricter temporary order of protection. That can keep you out of your own home and away from your children while the case is open. A second conviction within five years can turn the next accusation into a felony.

Cambareri & Brenneck is made up of former Onondaga County prosecutors. We know how these cases are charged in Syracuse because we used to make those decisions. Scott A. Brenneck prosecuted assault, burglary, robbery and weapons cases in the District Attorney’s Felony Trial Unit. Today we use that experience to test the order, the service, the evidence and the accuser’s story, and to push for the order to be changed so you can get back to your life

Arrested for violating an order of protection? Do these five things now

Obey the order, even now.

Don’t call, text, message or “like” posts from the protected person, and don’t ask friends or family to pass along a message. Every new contact is a new charge.

Even if they contact you, don’t answer.

Only a judge can change the order. The other person’s permission is not a defense.

Stay silent with police.

Be polite, but don’t explain. What you say becomes evidence. (Read more: why speaking to police without a lawyer is risky.)

Save everything

Keep texts, call logs, emails, social media messages, receipts and location data. They can show who contacted whom, and when.

Call a criminal contempt attorney before your next court date.

Call 315-424-8326. (New to the process? See what to do after a criminal arrest in Syracuse.)

What is criminal contempt in New York?

Criminal contempt is the crime of intentionally disobeying a lawful court order, or disrupting a court, under Article 215 of the New York Penal Law. In practice, almost every criminal contempt case in Syracuse involves an order of protection. Police charge criminal contempt in the second degree under Penal Law §215.50(3) when someone intentionally disobeys an order. The charge goes up to criminal contempt in the first degree or aggravated criminal contempt when there are threats, physical contact, injury, property damage or a recent prior conviction.

What counts as violating an order of protection?

It depends on the exact words of your order, so read it line by line with a lawyer. A stay-away (full) order bars almost any contact: going to the person’s home, job or school, calling, texting, emailing, posting about them, or sending messages through someone else. A refrain-from (limited) order lets you have contact, but bars harassing, threatening or assaulting the person. Under a refrain-from order, a calm conversation about the kids is not a violation. Under a stay-away order, it can be.

What if the protected person contacted me first?

It does not cancel the order. Only the court that issued it can change or end it. Prosecutors can charge you even when the other person invited you over, called first or now wants the case dropped. That said, who started the contact matters. It goes to whether you intended to disobey the order, it affects how prosecutors and judges see the case, and it is often the key to getting the charge reduced or the order changed.

What does the prosecution have to prove?

For criminal contempt in the second degree, the prosecution must prove beyond a reasonable doubt that (1) a lawful court order was in effect, (2) you knew about it, because you were served or were in court when it was issued, (3) the order clearly barred what you did, and (4) you intentionally disobeyed it . The felony degrees add more, such as an intent to harass or threaten, physical injury, damage over $250, or a prior conviction.

Can I be convicted on the other person's word alone?

Yes, it is possible. New York law does not require corroboration in a contempt case, so a judge or jury can convict on one witness they believe. That is why the defense focuses on credibility. We check the accuser’s story against phone records, messages, location data, video and other witnesses, and we look for motives such as a custody fight, a divorce or a breakup. Many contempt cases fall apart when the records don’t match the complaint.

How Our Criminal Contempt Lawyers Fight the Charge

A contempt case turns on the order, the service and the proof. We test each one:

Was the order valid and in effect? Orders expire, get modified and get replaced. We pull the exact order from the court file and check its dates and terms.

Were you served, or were you in court? The People must show you knew about the order. Missing or defective service is a real defense.

Did the order actually bar what you did? A refrain-from order does not bar peaceful contact. Vague terms are read in your favor.

Was the contact intentional? Running into someone at Destiny USA or a child’s game is not the same as seeking them out. Accidental or incidental contact may not be a crime.

Who contacted whom? Phone records, screenshots and app data often show the protected person reached out first or kept the conversation going.

Do the facts support a felony? Felony counts need extra proof: threats, physical contact with intent to harass, injury, damage over $250 or a qualifying prior conviction. We challenge each one to get the case back to a misdemeanor or out of court.

Statements and searches. We look for statements taken without Miranda warnings and for phone searches without a warrant, and move to suppress them.

Speedy trial and discovery. We hold the People to their discovery duties and speedy-trial deadlines.

Criminal Contempt 2nd Degree, 1st Degree and Aggravated Criminal Contempt: Penalties in New York

The degree of the charge sets the possible sentence. Here is how the three order-of-protection charges compare.

Criminal Contempt Degrees

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	Criminal contempt 2nd degree	Criminal contempt 1st degree	Aggravated criminal contempt
Statute	PL §215.50 (usually subd. 3)	PL §215.51	PL §215.52
Class	Class A misdemeanor	Class E felony	Class D felony
What it usually means	Intentionally disobeying a court order	Breaking an order of protection plus threats, a deadly weapon, stalking-type conduct, repeated calls, physical contact with intent to harass, damage over $250, or a stay-away violation with a contempt conviction in the last 5 years	Breaking an order of protection and causing physical injury, or a new felony contempt after a prior aggravated or recent first-degree conviction
Maximum jail or prison	Up to 364 days in jail	Up to 1⅓–4 years in state prison	Up to 2⅓–7 years in state prison
Probation instead of jail	Up to 3 years	3 to 5 years	3 to 5 years (if allowed)
Maximum fine	$1,000	$5,000	$5,000
Order of protection after conviction	Up to 5 years beyond the sentence	Up to 8 years beyond the sentence	Up to 8 years beyond the sentence
Criminal record	Misdemeanor conviction	Felony conviction	Felony conviction

Sources: Penal Law Article 215 (NYS PL criminal contempt); PL §§70.00, 70.15, 65.00, 80.00, 80.05; CPL §530.12(5). Aggravated criminal contempt may be sentenced as a violent felony. Judges can also order programs, community service or a conditional discharge. This table is general information, not legal advice about your case.

Types of Order of Protection Violations in Syracuse

Criminal contempt charges in Onondaga County usually fall into one of these situations.

Full (stay-away) vs. limited (refrain-from) orders

A full order of protection usually says “stay away” from the person, their home, job or school, and bars all contact. A limited order says “refrain from” assault, harassment, threats and similar acts, but allows contact. Many people are charged because they don’t know which kind they have. Your order’s checkboxes decide what is a crime.

Temporary vs. final orders

A temporary order of protection is issued when a criminal case or Family Court petition starts, often at arraignment, and lasts until the next order replaces it. A final order is issued at the end of the case, and after a conviction it can last for years. Both can be enforced with a contempt charge.

Criminal court orders vs. Family Court orders

Criminal courts issue orders under CPL §§530.12 and 530.13. Family Court issues them under Family Court Act Article 8. Supreme Court can issue them in a divorce. A violation of any of them can be charged as criminal contempt. A Family Court order can also lead to a separate violation petition in Family Court, with up to six months in jai. You can face both cases at once.

Criminal contempt in the second degree (PL §215.50)

The most common contempt charge. It covers intentional disobedience of a court order, and also disrupting court, refusing to testify, and other court-related conduct. It is a class A misdemeanor.

Criminal contempt in the first degree (PL §215.51)

A class E felony. Prosecutors charge it when an order of protection violation comes with something more: threats, a weapon, repeated following or calls, physical contact with intent to harass, property damage over $250, or a stay-away violation within five years of a prior contempt conviction. Refusing to testify before a grand jury is also first-degree contempt.

Aggravated criminal contempt (PL §215.52)

A class D felony. It applies when an order of protection violation causes physical injury or serious physical injury to the protected person, or when a person with certain prior contempt convictions is charged again. It is often charged with assault. See our felony and misdemeanor defense page for domestic violence charges that come with contempt.

Violating an ERPO or a gun-surrender order

Keeping or buying a gun in violation of an extreme risk protection order or a firearm surrender order can also be charged as criminal contempt.

Court date coming up?

Bring your order of protection to a free consultation. We’ll read it with you and explain exactly what it allows.

How a Criminal Contempt Case Moves Through Syracuse Courts

Here is the usual path for a criminal contempt arrest in Syracuse and Onondaga County.

Arrest.

When police have reasonable cause to believe a served order of protection was violated in a family-offense case, New York law generally requires an arrest.

Arraignment.

City of Syracuse cases are arraigned in Syracuse City Court, Criminal Part. Arrests in Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga or the Baldwinsville area start in that town’s justice court. Felony arrests after hours may go to the centralized arraignment part.

Release or bail, and a new order.

Contempt charges tied to a family-offense order of protection are bail-qualifying offenses. The judge will almost always issue a new temporary order of protection. Ask your lawyer about asking for a refrain-from order instead of a stay-away order.

Felony charges.

First-degree and aggravated contempt go to a grand jury. If you are indicted, the case moves to Onondaga County Court at the Onondaga County Courthouse, 401 Montgomery Street. Some domestic cases are sent to an Integrated Domestic Violence part, where one judge hears the criminal and family matters together.

Discovery and motions.

The People must turn over their evidence, including 911 calls, body-camera video and the order itself. We file motions to dismiss or suppress where the facts support them

Plea talks or trial.

Depending on the facts, possible outcomes can include dismissal, a reduction to a non-criminal violation, an adjournment in contemplation of dismissal, a plea, or a trial. No outcome can be promised.

Family Court, at the same time.

If the order came from Onondaga County Family Court, the other person may also file a violation petition there. What you say in one court can be used in the other, so we coordinate both.

Outside Onondaga County:

Auburn cases start in Auburn City Court and felonies go to Cayuga County Court. Oswego cases start in Oswego City Court and felonies go to Oswego County Court. A different district attorney’s office prosecutes in each county.

Collateral Consequences of a Criminal Contempt Conviction

A contempt case can affect more than your record:

Your home and your kids

A stay-away order can keep you out of your own home and limit time with your children for years. It can also be raised in custody and divorce cases.

Guns and your pistol permit.

Courts can suspend your license and order you to surrender firearms when they issue or enforce an order of protection. Some contempt convictions can block a permit later. Related: gun and weapons charge defense.

A path to felony.

A contempt conviction makes the next accusation more serious. A stay-away violation within five years of a prior conviction can be charged as a felony.

Immigration.

Under federal law, a court finding that you violated the protective part of an order of protection can make a non-citizen deportable. Non-citizens should speak with us before any plea.

Jobs and licenses.

Background checks show contempt convictions. Schools, health care and jobs that need a license can be affected.

Sealing is limited

Some convictions can be sealed later under CPL §160.59 or New York’s Clean Slate law, but waiting periods apply. The best protection is avoiding a conviction.

MEET THE TEAM

Meet Your Criminal Contempt Defense Team

Cambareri & Brenneck was founded by, and is made up of, former Onondaga County prosecutors. In a contempt case, that means lawyers who know how order of protection cases are charged and negotiated in Syracuse, and how to answer them.

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals and Narcotics bureaus

Melissa K. Swartz

Attorney

Trial and post-conviction work in state and federal court; Court of Appeals

Hon. John V. Centra (Ret.)

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals and Narcotics bureaus

Melissa K. Swartz

Attorney

Trial and post-conviction work in state and federal court; Court of Appeals

Hon. John V. Centra (Ret.)

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

WHY CHOOSE US

Why Hire Former Prosecutors as Your Criminal Contempt Lawyer

Former Onondaga County Prosecutors

We used to make charging and plea decisions in these cases. Now we use that insight on your side

We Read the Order First

Many contempt cases turn on the exact words of the order and how it was served. We start there.

Criminal and Family Court Together

We coordinate the criminal case with any Family Court violation petition so one doesn't hurt the other.

Free, Confidential Consultation

Call 315-424-8326 or send a message. Bring your order and your court papers.

AREAS WE SERVE

Criminal Contempt Defense in Syracuse & Central New York

Syracuse, NY

Downtown office at 300 South State Street. Cases in Syracuse City Court and Onondaga County Court.

Onondaga County towns

Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga and Baldwinsville town and village courts.

Auburn (Cayuga County)

Auburn City Court and Cayuga County Court.

Oswego (Oswego County)

Oswego City Court and Oswego County Court.

FAQS

Criminal Contempt & Order of Protection FAQs

What is criminal contempt in New York?

Criminal contempt is the crime of intentionally disobeying a lawful court order, or disrupting a court, under Penal Law Article 215. Most cases involve an order of protection. It can be charged as criminal contempt in the second degree, a misdemeanor, or as criminal contempt in the first degree or aggravated criminal contempt, which are felonies.

What is criminal contempt in the second degree?

Criminal contempt in the second degree, Penal Law §215.50, is a class A misdemeanor. It is the usual charge when police say you intentionally disobeyed a court order, such as by contacting someone protected by a stay-away order. It carries up to 364 days in jail, up to three years of probation and a fine of up to $1,000.

When does criminal contempt become a felony in New York?

It becomes criminal contempt in the first degree, a class E felony, when an order of protection violation includes threats, a weapon, repeated calls or following, physical contact with intent to harass, damage over $250, or a stay-away violation within five years of a prior contempt conviction. Causing physical injury makes it aggravated criminal contempt, a class D felony.

What happens if you violate an order of protection in New York?

You can be arrested, and in family-offense cases police are generally required to arrest. You will be arraigned, usually the same or next day, and the judge will likely issue a new and stricter temporary order of protection. You may also face a separate violation petition in Family Court. Call a criminal contempt attorney before your next court date.

What if the protected person contacted me first or invited me over?

You can still be charged. Only a judge can change or end an order of protection, so the other person’s permission is not a legal defense. But who started the contact matters. It affects whether you intended to disobey the order, how prosecutors view the case, and whether the judge will change the order. Save every message and call log.

Can I be convicted of criminal contempt on the other person's word alone?

It is possible. New York does not require corroboration in a contempt case, so a judge or jury can convict on one witness they believe. That is why the defense tests the accuser’s story against phone records, messages, video, location data and other witnesses, and looks for motives such as a custody dispute or a breakup.

Will I go to jail for criminal contempt in the second degree?

Not necessarily. Jail of up to 364 days is possible, but many cases end with a dismissal, a reduction, a conditional discharge or probation, depending on the facts and your record. Prior contempt convictions, threats or injuries make jail more likely. A lawyer who knows how Syracuse prosecutors handle these cases can improve your options. No outcome can be guaranteed.

Can a criminal contempt charge be reduced or dismissed?

Yes, in some cases. Charges can be dismissed when the order was not properly served, did not bar what you did, or the evidence doesn’t hold up. Felony counts can be reduced to a misdemeanor, and misdemeanors can sometimes be resolved with a non-criminal violation or an adjournment in contemplation of dismissal. Each case depends on its facts.

Can a criminal contempt conviction be sealed in New York?

Sometimes, but not quickly. New York’s Clean Slate law seals many convictions automatically after a waiting period, and CPL §160.59 lets some people apply to seal up to two convictions after ten years. Sealed records can still be seen by some agencies. Because sealing is slow and limited, fighting the charge now is the best protection.

Do I need a lawyer if the order of protection came from Family Court?

Yes. A Family Court order can lead to two cases at once: a criminal contempt charge in criminal court and a violation petition in Family Court, which can carry up to six months in jail. What you say in one court can be used in the other. Call Cambareri & Brenneck at 315-424-8326 for a free consultation with a former prosecutor.

Reviewed by Scott A. Brenneck, former Onondaga County Assistant District Attorney (Felony Trial Unit). Last updated October 2026.

Free Confidential Consultation

Charged with criminal contempt? Tell us briefly when you were arrested and the date of your next court appearance. A member of our team will get back to you quickly. You can also call 315-424-8326.

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