Last Updated on: 19th October 2023, 12:06 pm

Brooklyn Order of Protection Lawyers

Getting an order of protection can be confusing and scary. But don’t worry – this article will walk you through everything you need to know about orders of protection in Brooklyn. We’ll cover what they are, how to get one, what protections they offer, and more. Read on for the full scoop!

What is an Order of Protection?

An order of protection is a legal order issued by a judge that helps protect someone from abuse or harassment. It tells the abuser to stop the abuse and stay away from the victim. Orders of protection can cover different things depending on your situation, but they usually prohibit the abuser from:

• Assaulting, stalking, harassing, menacing, or recklessly endangering the victim
• Communicating with the victim in any way (calls, texts, social media, etc)
• Going to the victim’s home, work, or school

There are a few different types of orders of protection in New York:

• Family Court Order of Protection – For people who are married, divorced, have a child together, or are related by blood or marriage
• Criminal Court Order of Protection – Issued after a criminal case like assault, stalking, or harassment
• Supreme Court Order of Protection – Can be issued as part of ongoing divorce, custody, visitation or child support cases

The process for getting an order of protection depends on your relationship with the abuser. But the basic steps are:

1. File a petition explaining why you need protection
2. Attend a court hearing
3. The judge decides whether or not to issue the order
4. If issued, the order is served on the abuser
5. The order goes into effect and helps keep you safe

Sounds simple enough, right? The hard part is actually following through with the process. That’s where a good Brooklyn order of protection lawyer can help.

Why Hire a Lawyer?

Navigating the legal system is confusing. There are lots of forms, deadlines, and procedures. An experienced order of protection attorney knows the ins and outs of the process and can handle all the hard stuff for you. They can:

• Advise you on the strongest protections to request
• Help gather evidence like police reports, medical records, photos
• Fill out all the paperwork and file it correctly
• Represent you at the court hearing
• Negotiate with the judge and prosecutor
• Make sure the order is served properly

Having a lawyer in your corner takes so much pressure off your shoulders. You can focus on healing while they handle the legal complexities. An attorney can also advise you if the order is violated and help enforce the protections.

Finding the Right Brooklyn Order of Protection Lawyer

Not all lawyers have experience with orders of protection. Look for an attorney who specifically handles these cases in Brooklyn courts. Ask friends for referrals or search online for “Brooklyn order of protection attorney.”

When evaluating lawyers, here are some key things to look for:

• Specializes in family law, domestic violence, and orders of protection
• Has experience representing abuse victims in Brooklyn courts
• Offers flat fees or payment plans – orders of protection should be affordable!
• Responsive and makes you feel supported
• Gets good reviews from past clients

I’d recommend checking out the Lawyers.com directory and Avvo site to find highly-rated local attorneys.

The Court Hearing

The hearing is your chance to tell the judge why you need protection from abuse. Prepare by organizing evidence and writing down details of the abuse. Get a good night’s sleep. Dress neatly and appropriately. Bring any evidence, witnesses who’ve seen the abuse, and your lawyer.

In the courtroom, answer the judge’s questions honestly. Stay calm and focused. Your attorney will speak on your behalf and present the evidence. The judge will decide whether or not to issue the order. If approved, the clerk gives you copies and the order is served on the abuser.

After the Hearing

If the order is issued, take steps to stay safe like changing locks, saving evidence, and making a safety plan. Always keep a copy of the order with you. If the abuser violates it, call 9-1-1 immediately then notify your attorney to file for contempt charges.

Orders of protection generally last up to one year. You can file to extend the order if needed for further protection. Reach out to your lawyer if you have any other questions or concerns after the hearing.

Enforcing the Order

Orders of protection only work if they’re followed. If the abuser violates the order, they can face criminal charges like contempt, fines, or jail time. Violations to report include:

• Trying to communicate with you in any way
• Coming near you, your home, job, etc.
• Assault, stalking, threats, or harassment
• Hurting or threatening your kids or family

Save any evidence like texts, voicemails, photos, or videos. Call the police immediately if the abuser violates the order. The officers can arrest them on the spot. Your attorney can help file for contempt charges and advocate for strong penalties.

Staying Safe

While the order prohibits abuse, you should still take precautions like:

• Changing locks and phone number
• Having a safety plan if contacted by abuser
• Telling family, friends, neighbors about situation
• Avoiding places the abuser may be
• Keeping a copy of the order with you at all times

You have a right to feel safe. The order of protection gives you legal power to stop the abuse. But staying vigilant and having a support system is also key. Don’t hesitate to reach out to your Brooklyn order of protection lawyer if you need guidance protecting yourself.

Renewing the Order

Orders of protection generally expire after 1 year. You can file to renew the order if you still feel at risk of abuse. Start the renewal process 1-2 months before the order ends.

Your lawyer can help submit the renewal paperwork and attend the court hearing with you. Provide updated evidence of continued fear or recent violations. The judge will decide whether to extend the order of protection.

Violating the Order

While the order protects you from abuse, be sure to follow it too. You could face charges for violating the order if you:

• Initiate contact with the abuser
• Go near them, their home, job, etc.
• Invite them over or allow contact
• Drop the order of protection

If the abuser contacts you first, politely tell them to stop then report it to your attorney. Only communicate as needed about things like child custody. Be careful not to violate the order yourself.

Getting Support

Dealing with abuse and trauma can feel overwhelming. Seek support from loved ones, counselors, and domestic violence resources. Help is available 24/7 from the NY Domestic & Sexual Violence Hotline at 800-942-6906.

You have the right to live free from fear and abuse. An order of protection creates important legal protections. But your safety and healing also depends on the support of others. Don’t go through this alone. A Brooklyn order of protection lawyer can help navigate the legal process while you focus on taking care of yourself.

References

New York Courts – Orders of Protection

NYPD – Domestic Violence Resources

WomensLaw.org – NY Orders of Protection