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Last Updated on: 16th March 2023, 07:45 am
A restraining order or order of protection is a court document issued meant to keep someone away. These requests are often used in domestic violence situations or when couples are going through a bitter divorce where one party is in fear of their life. They are commonly used against family members, but in some cases, they can be used against friends or acquaintances.
The restraining order is a document that is approved by the court to allow both parties to have a cooling off period. It is meant to help keep acts of violence at bay. Across the country, the state and local laws vary on these types of orders. However, in Manhattan, an order will enforce many rules. The restrained party must:
•Stay 500 Feet from You or Your Children
•Vacate A Shared Home with You Immediately
•Follow Any Specifications in the Orders
•Continue or Begin Paying Child Support
•Not Have Possession of a Gun or Any Other Weapon
If you have been subjected to a form of abuse or terrorization, then you have the right to petition the court for help. In most cases, the wrongs are from family or someone in a relationship. It is necessary to petition both the civil and criminal justice system in NYC to get full protection,
In previous years, the court would receive many retaliatory complaints to get back at an ex-lover. These days, when filing for an order of protection, the court needs to see that there are valid grounds. You will need proof to file your petition. The proof can be witness statements as well as police reports. The court maintains discretionary power. They look at each circumstance and see what best accommodates the situation.
In most NYC cases, we often see these orders issued in conjunction with a criminal act. The restraining order goes through the family court, even though the individual accused will have their case processed in the criminal sector.
Once the protection order is in place, the restrained party must not come to the petitioner’s work or home. If the restraining order is violated, then there are stiff penalties associated. When a family member or friend disturbs the NYC order of protection, they will be charged with a misdemeanor or felony. It would depend on the violation if there were any violent attempts and the pattern of defilements in the case.
If you already have a protection order and the other party has desecrated it, then you need to report this to the police immediately. Some laws protect you when this order is dishonored.
There are many cases when a person needs to have an order of protection, yet they do not want to involve the courts or the police in their scuffle. Intimidation or violent acts typically escalate. Having this order can allow the police department to help you before it gets to that point.
Putting such a directive against a friend or family member is not an easy decision. It will cause hurt feelings and may sever other relationships. However, it could be the one thing that saves your life! When you are in fear for your safety, you do not need to consider anyone else but you and your needs.
Do you feel like you need the force of the law to handle this situation? If you answer that question with a yes, then you need this order. You should only seek help if you need a barrier and help the other party with their abusive behaviors.
You must remember that this document is nothing but a piece of paper. In some instances, the other party may be enraged, and they may retaliate. Though the police can act against them when they violate the order, the authorities are not always present. Be forewarned that it may antagonize your friend or loved one.
Every case has specifics that make it unique. It is imperative that you work with a qualified attorney and law enforcement officials to ensure that this process is simplified. As a Manhattan family law attorney, we can help you obtain a court order of protection. We also support and defend individuals who have an injunction against them that was made unjustly or frivolously. These documents are serious business and should only be used when necessary.
An order of protection is also known as a restraining order. These orders are mostly issued in domestic disputes. An order of protection bans one party from interfering or contacting another party. These orders are also issued in cases of spousal abuse. Protective orders are given as a temporary solution as the courts investigate issues of harassment or violence. A protective order can be granted without the offended party present. This is legally referred to as ex parte. The courts would give such an order if the party applying is in imminent danger or is receiving medical treatment.
If you have been a victim of violence, abuse or threats, it is important to get a restraining order. Due to the imminent danger, it is wise to consult with an order of protection lawyer. There are laws and guidelines surrounding these orders. Depending on the nature of the abuse or threats, you can file a petition in Family Court, Criminal Court or the Supreme Court. A lawyer will advise you based on the merits of your case.
Family court restraining order
An order of protection in family court is issued in civil proceedings. The order serves to stop violence in a domestic and intimate relationship. You should not shy away from going to family court to get a restraining order because these proceedings are confidential. For a family court to grant an order of protection, the petitioner must satisfy the following requirements:
1. Be a current or ex-spouse.
2. Someone you have a child with.
3. Someone you have been involved with intimately. This is not restricted to sexual relationships. It can also be someone you interact with often or someone you have known for a long period of time. Once the petition is filed, the courts will determine whether the relationship can be termed as intimate.
A petition for a restraining order begins by filing a family offense petition form. The party filing is referred to as the” petitioner,” and the person you are filing against is addressed in court as the “respondent.” A family lawyer can guide you through the process.
Criminal court restraining order
It is important to note that a criminal order of protection can only be granted against a party charged with a criminal offense. This order is issued as part of the conditions to their release or if bail is granted. In New York, criminal cases are prosecuted by the office of the district attorney. Criminal investigations may begin before a person is arrested. However, a criminal case starts after the offender is arrested. For a criminal order or protection to be issued, a relationship between the complaining witness and the defendant is not a requirement. In such cases, the judge determines the terms and conditions to be included in the order of protection.
Supreme Court restraining order
An order of protection by the Supreme Court is issued in a divorce proceeding. If you have filed a divorce case and the proceedings are ongoing, you can request a restraining order. It is best to work with an attorney who will submit a written or oral request and give the reasons for your petition. The judges will hear the motion and decide the terms of the order.
The need for an order of protection lawyer
If you are under threat or have been a victim of violence, you need a restraining order against the person harassing you. If the threats are verbal, for instance, you need to provide evidence to warrant such an order. A lawyer can help you submit a strong case and help you obtain the order much faster.
Orders of protection are common in domestic violence cases. However, these orders are applicable in many other scenarios. If you find yourself in a situation where you require a protection order, it would be helpful to gather as much information as you can about this legal instrument. Read on to learn what an order of protection is, the different kinds of orders, and the provisions in these orders.
What is an Order of Protection?
It is an order granted by the court to prevent the conduct of a person who poses a threat to harm, or actually harms another person. This order addresses a variety of issues and is not limited to domestic violence. Supreme courts, criminal courts, and family courts are involved with the issuance of orders of protection.
Types of Orders of Protection
A Family Court Order of Protection
This order is given during a civil case. It is issued to stop violence in a family setting, or in an intimate relationship. The order purposes to offer protection to the victims of domestic violence.
A Criminal Court Order of Protection
This order is one of the conditions issued when a defendant is set to be released from imprisonment or set free on bail. It is only given against a defendant who is accused of a criminal act. When issuing a criminal court order of protection, the court does not require the defendant and complaining witness to be related in any way.
A Supreme Court Order of Protection
This order may be given during a divorce proceeding. If you are in the middle of a divorce proceeding, you can request the court to issue a protection order by submitting a written request or oral request.
Exparte Order of Protection Vs. A Full Order of Protection
An Ex Parte Order is an emergency or temporary order given when the judge has reason to believe that you stand a risk of being abused. Once the court grants you the order, a law enforcement agent or sheriff will issue the order to the respondent. The respondent is required to obey the terms of the order. An Ex Parte Order lasts a few days until a court hearing is held for a Full Protection Order.
The court will schedule a hearing for a Full Order of Protection 15 days from the time an Ex Parte Order is issued. The law requires that the Ex Parte Order be issued to the respondent, 72 hours before the scheduled hearing. If you are not present during the hearing, the order will be dismissed. On the other hand, if the defendant skips the hearing, the court will automatically grant you the order.
Provisions in a Protection Order
A violation of the provisions of an order of protection is treated as contempt of court, a misdemeanor, or a felony. The main provisions in protection orders are:
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