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Last Updated on: 2nd August 2023, 01:15 am
Victims of domestic abuse and violence in the Bronx are protected by special state laws that apply to all New York residents. One way that the law protects these victims is by allowing them to request orders of protection. There are a few different types of protection orders and the one you would request will depend on the specific circumstances in your case.
This type of protection order doesn’t usually go through a hearing, because it’s intended to provide immediate relief. When the police are summoned to a domestic disturbance, the officers will conduct interviews with each party in an attempt to determine what happened to cause the dispute. They do this, because they will try to remove the aggressor from the situation by forcing him or her to vacate the home.
If the aggressor is arrested, the victim may be granted an Emergency Protection Order (EPO) by the police, whether they request it or not. This provides temporary relief to the victim, while the aggressor faces charges for the assault. The EPO is usually only valid for a brief period, which can be from three days up to a full week. While this is a short period, it does provide an opportunity for the victim to petition the court for a regular order of protection.
In the Bronx, an order of protection is different from a restraining order and it can be valid for up to five years, though some orders of protection are only good for one year. If the abuser presents a more serious risk to the victim, a judge may impose a lifetime order of protection to ensure the protection order never expires.
While most people assume all orders of protection prohibit any contact, this isn’t always the case. It is possible to obtain this type of order, which prohibits online, email, and text messaging contact as well as in-person contact, but precise restrictions vary. For example, if the two individuals share custody of a child, the order may allow peaceful communication, as long as contact is limited to exchanging custody of the child.
There may also be a provision that requires the abuser to move out of the home. In this case, the order of protection may also restrict the individual from coming within a certain distance to the victim. This will usually include approaching the individual’s school, place of employment, or the residences of family members. In many cases, orders of protection also prohibit the abuser from owning or possessing firearms. In issuing the order, a judge may also require that the abuser attend counseling sessions.
The order of protection can protect more than one individual, but this will also depend on the circumstances. Where the aggressor has a tendency to become violent, the order will likely prohibit him or her from approaching children as well as the adult victim. It’s equally common for protections to be extended to family pets. This has become common, because abusers often harm or torment pets as a means of frightening their human victims.
In family law cases in the Bronx, a restraining order can be confused with an order of protection, even though it serves an entirely different purpose. A restraining order makes it illegal for an individual to commit a specific act and can be issued in any type of civil case. Where family law cases are concerned, a restraining order may be used to keep one partner from doing something that will adversely affect the other partner.
Seeking protection through the courts in order to distance yourself from another party can be difficult and extremely challenging. These orders are in place to provide a fast alternative to dealing with certain domestic situations, yet many wait too long and put themselves at risk delaying the inevitable. These protective orders are available for a number of situations, and working with an attorney skilled in this area will provide you the protection you need and freedom to begin living a full life again.
These are a few reasons to consider reaching out today to the Bronx orders of protection attorneys.
Filing the Papers in a Timely Manner
When it comes to matters that pertain to orders of protection, time is certainly of the essence. The longer it takes to meet with an attorney and get the approval of the courts, the longer the chance a new situation can escalate in violence. Your Bronx orders of protection attorneys understand the complexities of these cases and the need to be able to streamline the filing of the documents so that the order can be handed down quickly. Many plaintiffs who try to do this on their own get easily confused by the paperwork, don’t fully understand their rights, and often never follow through for fear of the unknown.
The Bronx orders of protection attorneys remove all the guesswork from the equation while explaining in detail exactly what rights you have and how the order will keep you safe.
Ensuring the Other Party is Fully Aware
When filing these papers in court on your own, you may be left wondering if and when the other party will be notified and what happens next. The job of your orders of protection lawyer will be to make certain that the other party is fully aware of what happens if they violate the order. Your lawyer will notify you when the other party has been served, and exactly what you can expect from here out. Depending on the details of the order, you will be briefed about what happens if the other party does do anything that violates this protective order.
If a domestic abuse restraining order is in place and the other party is told they can have zero contact with you, that means they can not call, email, text, or meet you anywhere. When you see the other person has violated the order, getting to your orders of protection attorney quickly will ensure that the authorities get involved and the matter stops immediately.
In the event the other party is walking that fine line by making attempts to contact you but keeping within their rights, your lawyer can certainly help. The other party may be simply trying to harass you and make you uncomfortable for filing the order, so documenting the instances and presenting them to your attorney is advised. If the attorney brings the matter to the court because you are in fear of your life, then the matter can be escalated and things like a retaining order, protection order, or emergency protection order can be issued.
The courts take these matters very serious, and when presented by the orders of protection attorneys, the courts usually take swift and decisive actions in your favor.
One of the reasons many victims do not take things further in court regarding protective orders is because they are terrified the other party will be in the courtroom and making them even more uncomfortable. Perhaps the biggest reason to consider hiring the Bronx orders of protection attorneys is that they will be in the courtroom on your behalf. They will stand in your place and request the protective order without fear the other party is trying to intimidate them.
Your lawyer works for you and will be in the court on your behalf so you can stop worrying about being in close proximity to the other party who may be there just to intimidate you. Studies show that restraining orders in the U.S. are violated about 40 percent of the time, so your attorney can quickly request more protection if this is the case in your situation.
As you can see, time is certainly of the essence when dealing with orders of protection cases. Give the Bronx orders of protection attorneys a chance to handle all the complexities so you can begin to move forward and get some normalcy back in your life.
When a couple divorces, there may be some cases where an order of protection is warranted. In New York, an order of protection issued when there is some type of violence or threat of violence to the spouse. This could be in the form or stalking, physical or mental abuse and other things.
When a couple goes through a divorce, the family court can issue the order of protection before the divorce begins. If you are going through a divorce and feel the need to be protected, you should hire an attorney who can help you file and order of protection. Sadly, some spouses get highly upset at the other when the divorce is filed. No one should live in fear of retaliation. Hire an attorney immediately to help things go along as smoothly as possible.
There are 3 types of protection order available:
The first is an emergency order. This order comes straight from the judge without the other party even having to be in the courtroom. This order lasts for about 2-3 weeks until the full order can be put in place. An experienced attorney will help you file the extended order and present all evidence available to justify the order. The judge will be presented with all evidence to help the abuser get removed from the home.
The next is an interim order. This order doesn’t require full hearing, but the person being accused has a right to go before the judge and present their case. This order will last up to 30 days.
The last order is the plenary order. This order is issued after both parties have had the time to present their cases. This order can last 1 or 2 years and it can be renewed many times if needed. This is why a person needs an aggressive attorney to help them with these cases. Only a skilled attorney can get you through this situation as quickly as possible.
If you file for an order of protection, you have the opportunity to go through either family court or criminal court. With the family court option, the parties must be blood kin, married, formerly married or have a child together. If you file in criminal court, you don’t have to have any relation. The person you file an order of protection against can be a perfect stranger.
There are a number of strong family court lawyers that can take on your case. Most are familiar with every aspect of the law and how it works. They will fill out all of the necessary paperwork for you to get your case underway. The attorney will provide you many options to help you better understand what you are up against.
If you are ready to find out your rights when you file for an order of protection, call an attorney immediately. When it comes down to the safety of you and your children, time is of the essence. You will need someone who is aggressive and knows how to fight. Get on the phone and hire an attorney to protect your rights.
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