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Last Updated on: 28th July 2023, 08:57 pm
In the state of New York, an order of protection is a judicial decree designed to control or limit the behavior of a person who has harmed, or threatened to harm, another individual, according to http://www.nycourts.gov/faq/orderofprotection.shtml#q1. An order of protection is also known as a restraining order. Typically, an order of protection is utilized in cases in which domestic violence is alleged. An order of protection can be issued by a criminal court, family court, or supreme court in the state of New York.
Each year, hundreds of orders of protection are issued in Long Island. If you are facing the prospect of an order of protection being entered against you, understanding the associated judicial process is crucial. You also need to recognize your legal right when it comes to defending yourself against a person who seeks an order of protection against you.
A Long Island order of protection defense lawyer can explain how the judicial process works in this type of case. In addition, retaining a Long Island order of protection defense lawyer typically is the best course to insure that your important interests are protected in this type of case.
The Judicial Process in an Order of Protection Case
When an order of protection case initially commences, you may know nothing about it. New York law permit your spouse, or other initiate partner, the ability to go to the courthouse and obtain a temporary order of protection against you.
Your significant other obtains this temporary decree by completing paperwork at the courthouse that alleges you have threatened harm, or been harmful, to the individual seeking the protective order. The individual seeking a protective order really does not have to prove anything at the time the application for a temporary order is made.
The court issues a temporary protective order at the same time it sets a hearing date. The court also prepares a summons, a legal document that is to be served upon you with the temporary protective order.
You may first hear about the existence of the temporary protective order when it is served on you. The summons that accompanies the order will set forth the date and time of the hearing in the order of protection case.
There are instances in which a temporary order of protection is sought and issues in a divorce case. If that is the situation, the judge in the divorce proceeding will set a date and time for a hearing on the temporary protection order.
When you receive the temporary order, you should contact a Long Island order of protection defense lawyer, if you do not already have legal counsel. You should not take this type of legal action lightly.
Impact of Temporary Order
At a minimum, a temporary order of protection is going to prohibit you from having contact with the person who obtained it. In addition, you could be barred from entering into, or even coming near, the residence you had shared with this individual. In short, you might be thrown out of your own home, at least for the time being. The order might also prevent you from having contact with your children.
Hearing on Order of Protection
Due to the nature of a temporary order of protection, the court typically sets the date and time of the hearing very soon after the initial decree is issues. New York Law sets forth the basic requirements pertaining to the timing and conduct of these judicial proceedings.
The hearing provides you, and your attorney, the ability to mount a defense in regard to an order of protection. There are a variety of reasons why you may want to defend yourself in this type of action, rather than let the order merely become a final decree of the court.
The defense mounted in an order of protection case depends upon the specific facts and circumstances leading up to and surrounding the matter. For example, a defense to this type of action may be that the facts as alleged by the person seeking the order are untrue.
If you prevail in defending an order of protection case, the court typically dismisses the matter. If you do not succeed at the hearing, a final order is entered. If the final order impairs your access to your own children, the court will continue to review the matter to determine if and how access to children should be allowed.
Retain a Long Island Order of Protection Defense Lawyer
The initial step in retaining an attorney in a restraining order defense case is scheduling an initial consultation with an experienced Long Island order of protection defense lawyer. During an initial consultation, an attorney will discuss defense strategies that may be suitable to your situation. As a matter of practice in New York, an attorney usually charges no fee for an initial consultation.
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