New York Order of Protection Defense Attorney
Millions of people live in New York. Some of those persons could pose a threat to you or your loved ones. On top of that, not all dangerous people are strangers. For example, spouses in the midst of divorce proceedings may find the relationship between them comes with an element of possible or actual violence. Perhaps violent behavior motivates the prime reason for the divorce.
The Problem of Violent Behavior
If this is your situation
Stop reading. Start defending.
You can have an order of protection issued if one spouse feels he or she is threatened by another spouse. Different courts have the authority to issue an order of protection. During divorce proceedings, the family court will process such a request. An order of protection, essentially bars certain behaviors on the part of the aggressor. He or she may be denied contact with the other soon-to-be ex-spouse or might be ordered to turn in any firearms they may have.
Your Safety Is Under the Protection of the Law
According to the laws of New York State, “If you are the victim of domestic violence, you may request that the officer assist in providing for your safety and that of your children, including providing information on how to obtain a temporary order of protection. You may also request that the officer assist you in obtaining your essential personal effects and locating and taking you, or assist in making arrangements to take you, and your children to a safe place within such officer's jurisdiction, including but not limited to a domestic violence program, a family member's or a friend's residence, or a similar place of safety. When the officer's jurisdiction is more than a single county, you may ask the officer to take you or make arrangements to take you and your children to a place of safety in the county where the incident occurred. If you or your children are in need of medical treatment, you have the right to request that the officer assist you in obtaining such medical treatment. You may request a copy of any incident reports at no cost from the law enforcement agency.” (source: yonkersny.gov)
Getting an Order or Protection in New York
A particular form needs to be filled out and presented to the judge in the New York family court. The form allows the petitioner to clearly put forth the specific dangers the other person presents. The judge can look over the application and render a decision based on both the content on the form and any arguments brought forth by both lawyers. Questions about children the two parties may have together would be noted on the form. Things often become complex when filing for an order of protection. Custody rights need to be addressed in the process.
Obviously, the filing of any order or protections reflects a very serious situation between the two divorcing parties. Retaining the best possible New York Order of Protection attorney to speak to the seriousness of the situation becomes critical in order to arrive at the desired -- and appropriate -- outcome.
The Dangers of Violence and Stalking
Domestic violence poses a threat to the life and safety of the potential victim. ending a marriage helps the process of moving away from an abusive spouse. The danger a spouse poses may not evaporate right after a separation or while divorce proceedings take place.
In some matters, the violence might commence after the divorce is initiated. Stalking and other kinds of threatening behavior might take place. Living in fear over the potential of violence can be greatly stressful and frightening. Pursuing protections from the court makes sense for those dealing with so much fear and worry.
Filing a petition for an order of protection and putting forth all the facts of your case to the court should increase the chances of a favorable outcome.
The other spouse could argue against the order of protection for numerous reasons. We can’t stress enough that the best possible counsel must be involved in order to improve the likelihood of a preferable result.
The Rights of a Domestic Violence Victim
According to New York legislation, “You have the right to seek legal counsel of your own choosing and if you proceed in family court and if it is determined that you cannot afford and attorney, one must be appointed to represent you without cost to you. You may ask the district attorney or a law enforcement officer to file a criminal complaint. You have the right to have your petition and request for an order of protection filed on the same day you appear in court, and such request must be heard that same day or the next day court is in session.” (source: yonkersny.gov)
Both the family court and the criminal court possess the authority to issue an order of protection from conduct that constitutes a family offense. This order can include, among other provisions, an order for the respondent (defendant) to keep away from you and your children. A family court judge can also order payment of temporary child support and award temporary custody of the children. If you need assistance and the family court is not in session at the time you need it, you may alternatively seek immediate assistance from the criminal court in getting an order of protection. All the forms you will need to obtain for an order of protection are available from the New York family court and also from the New York criminal court.
False Claims
To put in a criminal complaint or a family court petition that contains allegations that are knowingly false is, in itself, a crime. What happens if claims made against a spouse in an order of protection petition are false?
As unfortunate this may be, a spouse could knowingly make false claims in court. This could include false assertions of violence. An experienced New York Order of protection defense attorney understands how to counter the false claims and do so in a professional and compelling way. Counterarguments must = be believable. A seasoned attorney should be able to bring the necessary credibility for the counterargument to carry weight.
Contact Spodek Law Group P.C.
Filing or disputing an order of protection in New York City is a critical matter that should be placed in the most capable of legal hands. Preparing for a meeting with an attorney to thoroughly discuss matters likely should be done without delay. Contact us for your free consultation today.