Getting an order of protection in Bronx, New York is not hard at all. It can be done by going to the Bronx, New York Family Court Center between the hours of 9:00 a.m. and 4:00 p.m. If an individual needs an order of protection after 4:00 p.m. he/she can go to their local magistrate. However, an order of protection issued by a magistrate is usually only good for 24 hours from the time it is filed.
Once a person files for an order of protection in family court, he/she will have to go before a judge and give ex parte testimony. This means the judge will hear the testimony of the petitioner without the defendant being present. The petitioner, however, will have a hefty price if it is determined that he/she lied to the court.
An order of protection can be filed in family court for a number of reasons. The main reason would be due to a person being afraid of their spouse. The individual trying to obtain the order of protection will have to prove that they are indeed in fear of bodily injury. In addition to obtaining an order of protection against a spouse, an order of protection can be obtained against any past sexual partner. However, depending on how long ago the incident took place, a judge would need proof of the past relationship.
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Beyond a spouse and sexual partners, an individual can obtain an order of protection against a family member, but the family member must be immediate. This gets tricky due to many people in the Bronx having lots step-family, but step-family usually falls into the immediate family category. At the end, a judge will make the decision.
There are many implications when getting an order of protection. First off, family court matters are public record. This means people can see that an individual filed for an order of protection, and people will be able to read the entire order of protection petition online. The person filing an order of protection, if they have children, will have to put together a custody stipulation that allows the other parent to see the child.
People can experience fear, depression, or even hospitalization due to an order of protection. If the person filing the petition lives with the defendant, the defendant will be evicted immediately. This can be difficult if the defendant is paying the bills.
Getting a Bronx, New York order of protection lawyer can help in a number of ways. The lawyers can go with the petitioner to file the petition, and some judges will allow the lawyer to come him/herself on the petitioner's behalf.
The attorney will know the laws and evidence a lot better than the petitioner. This means the attorney can gather camera footage from public places or wherever else the alleged abuse may have happened, and the attorney will know what evidence can and cannot be taken into court.
The attorney can also act as a good coach for the petitioner preceding the court hearing. The attorney will let the petitioner know what questions he/she is going to ask, and the attorney can also give the petitioner an idea of what questions the defendant and judge might ask.
An attorney will even know what to say to help the petitioner move forward. He/she will give the petitioner the right words to help them cope with life after the court hearing.