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.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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