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Queens Order of Protection Lawyer

Understanding Orders of Protection in Queens, New York

Every year, thousands of people file petitions for orders of protection in New York City and Queens is no exception. These cases are usually filed when violent situations occur between individuals as well as threats of violence that can include domestic violence. Also known as a restraining order, it is important to know how an order of protection is used as well as how to obtain one especially if you have been a victim or know someone who has been a victim of threatening behavior towards another person.

You should also know your rights once you have secured an order of protection and know what steps to take if it is violated. It is always best to consult a Queens order of protection lawyer that has the knowledge and experience to discuss with you about your legal rights. The right lawyer will also be able to provide assistance in obtaining restraining orders or help you defend against false accusations.

What is an Order of Protection?

An order of protection may come in the form of a printed notice and it is a court-issued order which prohibits an individual from doing certain actions which are harmful or unlawful. In most cases, courts issue an order of protection to limit or minimize the behavior of someone threatens to harm or actually does harm to another person. Many people think orders or protection are only for domestic violence cases, but they can also be applicable to a variety of different safety issues.

An example of a typical order of protection is one that prohibits an individual from making specific types of contact with the victim. The order may state that the individual cannot go to the victim’s house, school, or place of employment. It also prevents any contact with the victim via phone, text, email, among other types of communication. An order may also specifically prohibit a person from performing types of behavior like stalking, threatening, harassing, or assaulting a victim.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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In addition, an order of protection may also order a person to:

  • Move out if that person is living in your home
  • Not possess a firearm
  • Pay child support
  • Follow custody orders

Types of Order of Protection

A criminal court judge or a family court judge both have the authority to issue an order of protection in Queens. When there is a criminal offense charge that was committed against a victim, criminal courts will typically issue a criminal court order of protection. This is often related to someone who is a relative but it can also be an individual who has no relationship with the defendant.

A family court order is usually issued when an individual and the victim have some sort of domestic relationship. These types of orders are usually issued to protect victims against a spouse, former spouse, family member, someone you had an intimate relationship with, or someone that shared a home with you.

How to Get an Order of Protection

In Queens, you can file a petition in family court. You may be eligible to submit a petition for an order of protection during situations when you and the defendant are:

  • Related by blood
  • Legally married
  • Divorced
  • Have a child in common
  • Have been in a relationship that is considered intimate in nature

For criminal cases, the District Attorney’s Office has the discretion to issue an order of protection based on the criminal case and the details involved.

Consult NYC Divorce Lawyers

If you have been accused of abuse or threatened by someone, this is a serious accusation. Whether you need help when petitioning for an order of protection or defending against a protective order, get in touch with NYC divorce attorneys who have experience representing clients in these types of complicated cases. They will help you find a solution that works for both you and your family.

An order of protection, also called a restraining order, is a court-issued document that demands that a certain person stay away from you or follow certain rules while in your presence. The contents and stipulations of an order of protection are ultimately decided by a judge, but having a Queens order of protection lawyer at your side can greatly increase your chances of getting exactly what you want out of your restraining order. While many different kinds of orders of protection can be handed down by the court system, they all send the same unequivocal message to whom they are issued: stay away, or else.

What Type of Court Can Issue an Order of Protection?

In New York State, three types of courts can issue an order of protection: family court, criminal court, and the New York Supreme Court. An order of protection is issued by a family court in order to stop violence in an intimate relationship or within a family and the proceedings are kept completely confidential. The purpose of this kind of order of protection is to protect the victims of abuse. Therefore, a close personal relationship of some kind must be established between the abuser and the victim for a family court order of protection to be issued. This type of order of protection can be issued against a former spouse, someone you have a child with or a person with which you have had an intimate relationship that doesn’t necessarily need to have been sexual. The criteria for what constitutes an intimate relationship vary and the family court judge will have the final say. Starting a proceeding in family court requires submitting a Family Offense petition, which is a relatively complex document that Queens order of protection lawyers can help you fill out and submit.

In order for a criminal court order of protection to be issued, no close personal relationship needs to be established between you and the perpetrator. However, the perpetrator must have committed some sort of crime against you for this type of restraining order to be issued. The perpetrator doesn’t necessarily need to be arrested before the proceedings begin, but they do need to have been charged with a crime. In New York State, criminal cases are prosecuted by the district attorney, who argues the case for the order of protection before a judge. Establishing a rock-solid case can be made much easier by consulting with Queens order of protection lawyers before the case goes to court. Ultimately, the judge will decide what verdict to hand down based on the evidence.

The only time an order of protection case is brought before the New York Supreme Court is if you are in the midst of ongoing divorce proceedings. In this instance, securing the services of a skilled Queens order of protection lawyer is absolutely vital since your attorney will be the person arguing your case before the court. After the case has been presented, the judge will decide if a supreme court order of protection is warranted.

What Happens if an Order of Protection is Violated?

It is a crime in the State of New York to violate a temporary or permanent restraining order. No physical violence or other crime needs to be perpetrated by the person named on the restraining order. If they violate any of the stipulations of the order you can call the police and the violator will most likely be taken to jail. A qualified Queens order of protection lawyer can help ensure that all of the stipulations that you need to stay safe are included in the restraining order.

When Does an Order of Protection Expire?

A temporary restraining order is usually issued while the case is underway. If the judge decides to issue a permanent restraining order, it usually lasts one year and can be extended to last up to five years under New York law. If you want to make sure that the perpetrator is kept away from you for as long as possible, it’s essential to contract the services of Queens order of protection lawyers since they know the best ways to make sure that the order of protection is extended. When it comes to your safety, it’s best not to leave things up to chance and an experienced attorney can ensure that you get the protection you need.

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