What is an Order of Protection?
In New York, an Order of Protection is obtained with a court order that explains what one individual can and can’t do to another individual. There are times when an Order of Protection doesn’t allow an individual to have contact with another individual. In New York, an Order of Protection is also known as a restraining order.
What Does an Order of Protection Entail?
With an Order of Protection, one individual may be required to stay away from an individual including staying away from the individual’s home, school, and place of employment. Although most individuals are not allowed to have any relations with the individual who filed the order, there are certain exceptions that can be made such as child visitation arrangements. In instances where an Order of Protection allows some contact with the individual who filed the order, the order will not allow any crimes or offensive acts be committed to the individual who filed the order.
What Court Will Issue an Order of Protection?
There are two courts that issue Orders of Protection, which are the Criminal Court and Family Court. The individual who is asking for the Order of Protection could use either court to complete the request.
What Does it Take to Receive an Order of Protection in Criminal Court?
When an individual is threatened or injured by another individual, the victim can call law enforcement or go directly to the law enforcement agency to report the incident. Law enforcement will charge the accused with a crime, and at the accused’s appearance in Criminal Court, he or she may be issued an Order of Protection.
What Does it Take to Receive an Order of Protection in Family Court?
An individual can go to Family Court and request a family offense petition to receive an Order of Protection. However, to file a petition in Family Court, there needs to be a relationship between the two individuals. The relationship does not have to be current or intimate, so an individual can go to Family Court and request an Order of Protection against co-workers, casual acquaintances, or third party relationships.
To file or an Order of Protection in Family Court, an individual will need to prove the other individual committed crimes against the individual filing for the order. During appearances in Family Court, there may be a Temporary Order of Protection issued, which may even occur when there is no proof the respondent violated the law.
How Long Will an Order of Protection be Valid?
While the case is pending, the court may issue a Temporary Order of Protection. A Temporary Order of Protection will have an expiration date and is able to be renewed if the case is ongoing. When the case is finalized, the court may issue a permanent Order of Protection. In most cases, an Order of Protection will last from one to five years.
Can a Grandparent Amended an Order of Protection?
Either party is allowed to ask for an Order of Protection to be changed. The court may alter an Order of Protection to allow visitation. If the situation becomes worse, the court may issue a “refrain from” Order of Protection to what is called a “stay away” Order of Protection. In addition, if the situation improves, the court may change a “stay away” Order of Protection to what is called “refrain from” Order of Protection.
The legal process for filing an Order of Protection can be difficult, which is why it is beneficial to obtain guidance from an attorney who has experience handling Order of Protection cases.
In New York, courts may issue orders of protection, sometimes referred to as restraining orders, to protect people from threatening and harmful conduct of others. When an order of protection is issued, the party who is restrained cannot have contact with the protected person and there may be other restrictions. A violation of an order of protection may result in significant consequences. If you have been the victim of violent, threatening, or harassing behavior from another person, you should contact Brooklyn orders of protection lawyers for legal assistance.
What is contained in an order of protection?
An order of protection may require a person to stay away from another person’s residence, school and place of employment. It may include a specific distance restriction. An order of protection may also restrict certain forms of contact and communication, such as phone calls, electronic communication and verbal communication. When the parties to an order of protection share children in common, the order may set forth a visitation schedule and other limitations regarding the custody of the children.
How do you get an order of protection?
An order of protection may be issued by the Criminal Court or Family Court. For an order of protection to be issued by the Criminal Court, the person to be restrained must be charged with a crime. To get an order of protection through Family Court, you must file a petition with the court requesting an order of protection.
To obtain an order of protection through Family Court, you must establish that there is a qualifying relationship to justify the issuance of the order of protection. This includes spouses, persons with children in common, persons who have a current or previous intimate relationship, and persons related by blood.
In order to issue an order of protection, there must be facts alleged indicating that there is a risk of harm. After a petition for an order of protection is filed, a judge reviews the petition and, if the necessary information is alleged, an order of protection will be issued on a temporary basis. This temporary order of protection will only be in effect for a certain number of days and the court must hold a hearing in order to extend the length of the order of protection.
What happens at the court hearing on the order for protection?
After the court issues the temporary order of protection and schedules a court hearing, the person requesting the order of protection and the person who is subject to the order have an opportunity to present evidence and argument to the court. The person requesting the order of protection has the burden of proof to show the necessary legal elements.
The person who is subject to the order of protection also has an opportunity to present testimony and evidence to rebut the allegations of the petition. After hearing the evidence, a judge will decide whether to keep the order of protection in effect. If the judge decides to keep the order of protection in effect, then they will set forth the specific terms of the order.
What happens if a person violates the order of protection?
If a person violates a provision of the order of protection, then they may be charged with a crime and arrested. An order of protection is enforceable even across state lines. In the event a person is violation of an order of protection, then the victim should contact law enforcement and report the crime.
How can an order of protection lawyer assist?
Because there are specific laws that govern orders of protection, a person seeking to obtain an order should consult with an order of protection lawyer. A lawyer can help a victim prepare the petition and set forth the necessary information. After the petition is filed and a hearing is scheduled, a lawyer can represent the victim in court and advocate for an extension of the temporary order of protection.
Victims of crimes have certain rights and resources available to them. A order of protection lawyer can help victims receive the benefit of these resources. They can also ensure that victim’s rights are honored.
By working with an experienced order of protection lawyer, victims will have greater peace of mind knowing that someone is looking out for their interests and protecting their rights. If you have been the victim of a crime, violence, harassment, or other threatening behavior, contact Brooklyn orders of protection lawyers to schedule a consultation and learn more about your rights.
If you are a Brooklyn resident and you have been hurt, threatened, or abused by another person, it may be time to seek an order of protection. You don’t need to suffer another person’s presence if they pose a threat to your security and a Brooklyn order of protection lawyer can help you get equipped with the legal tools you need to make sure that the perpetrator stays away. Protecting your safety is your right and with the right legal counsel can make sure that your sovereign security is protected.
What Is an Order of Protection?
An order of protection is a court-issued document that limits the behavior of someone that has harmed or threatened to harm another person. In the State of New York, orders of protection can be issued by Family Courts, Criminal Courts, or Supreme Courts depending on the situation. Called restraining orders in other states, orders of protection are often used as a tool to stop domestic violence or protect someone from a stalker. An order of protection issued by a New York court can be used to force someone to stay away from you or your children, move out of your home, pay court-ordered child support, abide by custody agreements, or give up their Second Amendment rights to own a gun. Order of protection lawyers in Brooklyn are standing by to help you understand the specifics of what this type of court order can and cannot do.
The Order of Protection Process in New York
The process of receiving an order of protection in the State of New York varies greatly depending on which court issues the order. In order to receive an order of protection from family court, for instance, you must be related to or have an intimate relationship with the person from whom you wish to be protected. This person can be a family member, a spouse, or anyone with whom you have had a relationship that is more than a simple friendship. The court will determine what exactly constitutes an intimate relationship in your case when considering your Family Offense petition. A qualified brooklyn order of protection lawyer can help you fill out and submit this petition.
An order of protection is issued by a criminal court only when the person named in the order has committed a crime against you. While the crime doesn’t need to be proven before the order is issued, the person named in the order does need to have been charged with a crime for a New York Criminal Court to issue an order of protection to defend your safety. Unlike an order of protection issued by family court, you do not need to have a relationship with the offender in order to receive an order of protection from criminal court.
To receive an order of protection from New York Supreme Court, you must be in the midst of ongoing divorce proceedings. In this instance, your attorney would be the one to request an order of protection directly from the judge reviewing your divorce proceedings. No matter which New York Court you petition for an order of protection, it is important that you have your attorney by your side to guide you through this difficult process.
How Long Does an Order of Protection Last?
Courts in the State of New York can issue a temporary order of protection while they review your case. If the court deems an order of protection warranted, they will issue a permanent order of protection that generally lasts one year. In certain cases, an order of protection can be extended to last as long as five years.
Defending Your Safety the Right Way
If you feel that you or your family are in danger of being physically harmed by a person, whether you know them or not, it is critical that you seek an order of protection right away. Yet the process of seeking an order of protection in the State of New York can be confusing and if you don’t get it right the first time you may be putting your family at risk. That’s why it’s so important that you ensure that you are well equipped to handle the situation by consulting with a skilled Brooklyn order of protection lawyer at once. Order of protection lawyers are intimately familiar with all of the ins and outs of receiving an order of protection from any type of New York Court. They can help you fill out the proper paperwork and will stay by your side throughout the entire process.
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