A Piece of Paper vs. a Pattern of Abuse: The Troubling Reality of Domestic Violence in Oneida County

By David LaGuerre

It is one of the most vital legal tools we have to protect victims of domestic violence: the order of protection. This court-issued document is intended to be a shield, a legal barrier to keep an abuser at bay. But as the recent arrest of a Lee Center man demonstrates, that shield is often just a piece of paper, easily torn by an aggressor determined to maintain control. The arrest of Louis J. Higby for allegedly physically assaulting a woman he was legally forbidden from harming is a stark reminder of the terrifying reality faced by victims and the profound limitations of our justice system in breaking the cycle of abuse.   

An Alleged Violation in Lee Center

On Tuesday, July 8, 2025, Oneida County Sheriff’s Deputies responded to a domestic dispute in the Town of Lee. According to the Sheriff’s Office, a verbal argument between 48-year-old Louis J. Higby and a female victim escalated into a physical confrontation. Mr. Higby allegedly pushed the woman to the ground. This act was not only an alleged assault but also a direct violation of an active court order of protection that the victim had against him.   

As a result, Higby was charged not only with Harassment in the Second Degree, a violation, but also with Criminal Contempt in the First Degree, a Class E felony. This is a critical distinction. The felony charge reflects a recognition by the legal system that violating a protective order, especially with physical contact, is not a minor infraction. It is a serious crime, an act of intimidation that demonstrates a dangerous disregard for the law and for the victim’s safety.   

The “Paper Shield”: Orders of Protection and Their Real-World Limits

To understand the significance of this case, we must first understand the legal framework designed to protect victims and why it so often falls short.

How Orders of Protection Work in New York

An order of protection is a directive from a Family, Criminal, or Supreme Court judge that sets specific conditions on an individual’s behavior. It can order an abuser to stay away from the victim’s home, school, and workplace; to have no contact via phone, text, or social media; to move out of a shared residence; and to surrender any firearms. For the order to be enforceable, the subject must be served with it or have been present in court when it was issued.   

When an abuser violates this order, they can be arrested. The severity of the charge depends on the nature of the violation. A simple phone call might result in a misdemeanor charge of Criminal Contempt in the Second Degree. However, under New York Penal Law § 215.51, the charge becomes a first-degree felony if the violation involves actions like striking, shoving, or kicking the victim; displaying a weapon; or repeatedly following them in a way that instills a reasonable fear of injury or death. The felony charge against Mr. Higby for allegedly pushing his victim demonstrates that the law treats this physical escalation with the gravity it deserves.   

The Sobering Statistics of Domestic Violence

The Lee Center incident is a single story, but it represents a widespread crisis. While comprehensive, up-to-date statistics for Oneida County are not easily accessible—a problem in itself—state and national data paint a grim picture. In 2022, there were over 49,000 domestic violence victims reported in New York State outside of New York City. In Utica alone, police handled nearly 2,800 domestic incident reports in 2021, serving over 1,800 victims.   

Nationally, the numbers are staggering: one in four women and one in nine men have been victims of severe physical violence by an intimate partner in their lifetime. These statistics reveal a silent epidemic unfolding behind closed doors, and they underscore the courage it takes for a victim to seek an order of protection in the first place. The fact that such orders are so often violated highlights the terrifying control that abusers wield and the urgent need for a more robust system of support and enforcement.   

Finding a Way Out: Resources and Support in the Mohawk Valley

For anyone trapped in a cycle of abuse, the path to safety can feel impossible. But it is crucial to know that help is available. Oneida and Herkimer counties have dedicated organizations staffed by compassionate professionals who can provide a lifeline.

A Network of Support

• YWCA of the Mohawk Valley: As the sole provider of domestic and sexual violence crisis services in Oneida County, the YWCA is a cornerstone of support. They offer a 24-hour hotline, emergency shelter, transitional housing, counseling, and legal advocacy. Their Oneida County hotline is 315-797-7740.   
• Catholic Charities of Herkimer County: This organization is the licensed provider of domestic violence services in Herkimer County, offering a similar range of comprehensive support, including a 24-hour hotline, shelter, and advocacy. Their hotline is 315-866-0458.   
• Legal Aid Society of Mid-New York: This group provides free legal services to low-income victims, helping with essential legal matters like orders of protection, divorce, and custody that are often critical to achieving long-term independence from an abuser.   

These organizations, and others, form a safety net for our community. Law enforcement also plays a role beyond just responding to calls. The Oneida County Probation Department, for example, has specialized conditions for domestic violence offenders, including mandatory accountability programs and joint home visits with police to ensure compliance and victim safety.   

The arrest in Lee Center is a powerful reminder that an order of protection is not a magic wand. It is a legal tool that is only as strong as the system that enforces it and the community that supports its purpose. True public safety requires more than just paper shields. It demands a culture that refuses to tolerate abuse, robust funding for the organizations that help victims escape and heal, and a justice system that holds abusers fully accountable not just for their initial actions, but for every terrifying act of intimidation and control that follows.

If you or someone you know is in an abusive situation, please do not hesitate to call one of the hotlines listed above. Your safety is paramount, and help is available.