Restraining Order Attorney in White Plains, NY

Representing Both Sides of Orders of Protection in Westchester County

When an order of protection is at stake, the attorney you hire needs to know Westchester courts from the inside. Michael J. Borrelli spent his career inside the Westchester County District Attorney’s office, served as a legal advisor to more than 20 Westchester police agencies, and has worked with every court in the county for more than 30+ years. That background serves clients on both sides of these matters, those seeking protection and those defending against an order.

We represent clients in restraining order and order of protection matters throughout White Plains and Westchester County, as well as related domestic violence, divorce, and child custody cases. Consultations are free and confidential. Hablamos español.

If you need to act on an order of protection now, call (914) 928-2766.

Two Different Situations. One Attorney Who Knows Both Sides.

Clients seeking an order of protection need an attorney who can prepare their petition, document incidents clearly, and represent them at temporary and final order hearings in Westchester County Family Court or criminal court. Getting the order issued correctly the first time matters. Gaps in documentation or improper filings can delay protection.

Clients named in or served with an order of protection face consequences that begin immediately: possible removal from their home, restricted contact with children, and a permanent record if the underlying charge results in conviction. False allegations of domestic violence are a documented tactic in contested divorce and custody proceedings in New York, and an experienced attorney can challenge the evidentiary basis for the order before it becomes final.

Michael’s years inside the Westchester County DA’s office, including time in the Superior Court Trial Division, mean he understands how prosecutors request temporary orders and build toward final orders. That knowledge can be an advantage whether he’s arguing for your protection or challenging an order taken out against you. He personally attends 99% of client court appearances, so you’re represented by the attorney you hired at hearings.

Orders of Protection in Westchester County Family Court

In New York, what most people call a restraining order is formally an order of protection. Which court handles your matter depends on the circumstances. Westchester County Family Court in White Plains has jurisdiction when the parties are family members, current or former spouses, share a child together, or have or had an intimate relationship. If criminal charges are filed, the matter moves to criminal court regardless of the parties’ relationship. When a divorce is pending in Supreme Court, the presiding justice may also issue an order.

New York recognizes two main types. A full order of protection prohibits all contact. A limited order bars harmful conduct but may permit continued contact. A temporary order of protection can be issued the same day a petition is filed. 

Final orders in family court last up to two years, or up to five years when aggravating circumstances apply, such as physical injury, use of a weapon, or repeated violations. Orders issued through criminal court can extend up to eight years. Common terms include stay-away provisions, no-contact requirements, exclusion from a shared home, and firearm surrender. There’s generally no filing fee for a family court petition.

Violating an Order of Protection Is a Felony

An order of protection isn’t a suggestion. It’s a court order with criminal consequences for a violation. New York Penal Law Section 215.51, Criminal Contempt in the First Degree, covers a range of conduct committed in violation of an order of protection, including threatening behavior, stalking, unwanted physical contact, and other specified acts against the protected party. That’s a Class E felony. Aggravated Criminal Contempt under Section 215.52, which can apply when a defendant actually causes physical injury while violating an order, or has a qualifying prior contempt conviction and commits another qualifying violation, is a Class D felony carrying potential prison time and a permanent record.

One point that surprises many people: even if the protected party asks to drop the order, it remains legally binding until a judge modifies or vacates it. A violation is a separate criminal matter from the underlying family offense, with its own prosecution and its own penalties. Michael has handled thousands of criminal cases over his career, including matters involving criminal contempt charges.

Why Westchester Clients Turn to Michael J. Borrelli

Michael graduated cum laude from St. John’s University School of Law in 1995 and went directly into the Westchester County DA’s Office, where he spent seven years in the Superior Court Trial Division and served as Supervisor for the New Rochelle, Northern Westchester, and Yorktown branches. He trained Assistant District Attorneys across the county and advised more than 20 local police agencies on criminal law and procedure, the same agencies that initiate orders of protection today.

His record in court reflects that depth of experience: experience across more than 40 felony criminal trials covering charges from murder and robbery to attempted murder. He’s an active member of the Westchester County Bar Association, the New York State Bar Association, and the New York State Association of Criminal Defense Lawyers.

Beyond his courtroom record, Michael was appointed by Presiding Justice Hon. A. Gail Prudenti to serve on the Committees on Character and Fitness of the Appellate Division, Second Judicial Department, a judicial appointment evaluating prospective and reinstated members of the bar, held by very few practicing defense attorneys. 

Restraining Order FAQ

Can an Order of Protection Affect My Child Custody or Visitation Rights?

Yes. An order of protection can restrict or eliminate a respondent’s contact with children covered by the order. Beyond the immediate restriction, a domestic violence finding can influence custody decisions in both family court and Supreme Court proceedings, which is why how these matters are handled from the start affects more than just the order itself.

Can I Contest or Challenge an Order of Protection Taken Out Against Me?

Yes. A respondent has the right to appear at the hearing, present evidence, and contest the allegations. An attorney can challenge the sufficiency of the petition, cross-examine the petitioner, and argue against the issuance or scope of the order. You don’t have to accept the allegations as stated.

What Should I Do If I’ve Been Falsely Accused and Named in an Order?

Retain an attorney immediately. Don’t contact the petitioner, even informally or through a third party, while the order is in effect. Preserve any communications, records, or evidence that contradict the allegations. The order is legally binding until a court modifies or vacates it.

Speak with a Restraining Order Attorney in White Plains Today: Free 24/7 Consultation

Orders of protection move quickly. Temporary orders can be issued the same day a petition is filed, and the window to respond or prepare for a hearing is short. Whether you need to seek protection or defend against an order in White Plains or anywhere in Westchester County, the time to call is now.

When you contact our office, you reach Michael directly, not a screening assistant. He can give you a candid assessment of your situation and tell you what your next steps should be.

Call (914) 928-2766 now to schedule your free, confidential consultation.