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.
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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