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Queens Restraining Orders Lawyers

Understanding Restraining Orders in Divorce

A divorce ends the marital relationship between spouses. As part of a divorce or even a pre-divorce decision or agreement, you and your spouse may live separate and apart from each other.

Protection from Abuse

If you have experienced abuse from your spouse, a divorce and decision to separate by themselves do not keep your abuser away. In particular, you may need protection even before you can file for divorce or have it granted by a court.

A restraining order can afford you that protection — pre-divorce and post-divorce. This type of order restrains, or prohibits, your abuser from, among other things:

  • Contacting you through telephone, in person, email, texts, messages, writing
  • Going to your residence, place of employment, school, children’s school or daycare
  • Following you
  • Harassing, assaulting, stalking you through cyber or other means, or threatening you.

Beyond the no-contact provisions, a restraining or protective order forbids the person from possessing a handgun, rifle or other firearm during the duration of the order, can require the person to attend anger management or domestic violence counseling, and award you attorney fees you may to pay to get the restraining order.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Custody and Restraining Orders

You may request that the children be permitted to remain with you, but a restraining order does not award permanent custody. If you seek custody or visitation, you will need to file a separate action. In a custody lawsuit, the court determines custody, visitation and placement arrangements which promote the best interests of the children.

What Must You Show to Get a Restraining Order?

Spouses or former spouses qualify for restraining orders. Even if you are not married to your abuser, a domestic violence protective or restraining order can help you if you are or recently have been in a dating relationship.

You may get a restraining order by proving acts of abuse or that you have been placed or are in fear for your safety or that of your children. While sexual assault, hitting, pushing, kicking, grabbing and other assaults definitely qualify, they are by no means the exclusive grounds. Abuse can take mental, emotional and other forms. Examples of these acts include:

  • Threats in person, by social media or otherwise of violence, use of a firearm or other weapon
  • Threats of suicide or self-harm, especially when intended to force or cause you to stay in the relationship
  • Being locked in a room
  • Not being allowed by the abuser to leave a room, home or vehicle
  • Trespass
  • Withholding money, property, access to bank account or your own credit cards
  • Coercing you to not find employment, to visit family, friends or others or to leave the home
  • Unwelcome and repeated telephone calls or texts including hang ups
  • Damaging or destroying property, such as by throwing items or tearing them, during arguments or other episodes of anger
  • Stalking, as manifested by continuous following, photographing, video recording, texting, messaging, calling, sending unsolicited or unwanted gifts, or showing up at your place of work or business
  • Causing substantial or severe emotional distress through social media or online posts
  • Impaired or reckless driving while you or children are passengers.

How to Request a Restraining Order

If you need a restraining order, you can file a lawsuit. In most clerk of court offices, you will find forms that you complete to start the process. A family services agency or domestic violence agency can guide you in completing the forms and filing them with the court. Divorce or other family law attorneys represent clients in need of restraining orders and can file the complaint or appear with the victim in court after the case is filed.

The forms will ask you for information such as:

  • Names and ages for you, the person against whom you seek the restraining order, and your children
  • The specific actions you contend constitute abuse, domestic violence or are other grounds for the restraining order, along with the dates the actions took place
  • Whether you wish to have possession of a vehicle or residence or temporary custody of the children
  • Other addresses at which the defendant is to stay away.

Where harm has occurred, is occurring or is imminent, you may request an ex parte order. This grants you immediate, emergency relief before the court conducts a hearing and gives the defendant an opportunity to refute or defend against the allegations. In the meantime, the ex parte order prohibits your spouse, former spouse, or former significant other from having contact with you, going to your home or place of employment, harassing you or committing other acts of abuse. As with a permanent restraining order, the court can hold the restrained person in contempt for violating an ex parte or temporary order.

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