Manhattan Orders of Protection Attorneys
Orders of protection are legal documents issued by a court to prevent one person from harassing, abusing, stalking, or committing other offenses against another person. They are commonly used in cases involving domestic violence, sexual assault, stalking, and other crimes. In New York City, a person can obtain an order of protection in Family Court or Criminal Court. Here is some key information about orders of protection in Manhattan and how an experienced attorney can help:
Who Can File for an Order of Protection in New York
In Family Court, you can file for an order of protection against a person you have a family relationship with such as:
- A current or former spouse
- A parent, child, sibling, grandparent
- Someone you have a child with
- Someone you currently or previously dated or had an intimate relationship with
You do not need to file criminal charges to get an order of protection in Family Court. The standard of proof is also lower than in Criminal Court.
In Criminal Court, you can file for an order of protection against anyone who commits a crime against you, regardless of your relationship. The Manhattan District Attorney’s Office will request an order of protection on your behalf if criminal charges are filed. The standard of proof is higher than Family Court because the crime must be proven beyond a reasonable doubt.
Temporary vs. Final Orders of Protection
When you first file for an order of protection in New York, the court will usually grant a temporary order that is in effect until your next court date. Temporary orders can be extended multiple times over the course of your case.
At the final disposition of the case, the judge can issue a final order of protection that will be in effect for 1-5 years depending on the circumstances. Even if the underlying case is dismissed, a final order can still be issued and remain in effect.
What Can an Order of Protection Include?
Orders of protection can prohibit the respondent from:
- Having any contact with you, either in person, by phone, email, social media or through a third party
- Coming within a certain distance from your home, school, or workplace
- Owning or purchasing firearms
- Assaulting, stalking, harassing or threatening you
Orders can also include other provisions like requiring the respondent to participate in counseling or allowing for limited contact such as arranging child visitation.
Getting an Order of Protection in Manhattan
The process for getting an order of protection in Manhattan begins by filing a petition in either Family Court or Criminal Court. You will need to provide details about the harassment, abuse or other offenses.
In Family Court, a judge will review your petition and may grant a temporary order of protection on just your testimony. In Criminal Court, the Manhattan DA’s Office will request an order on your behalf after criminal charges are filed.
Finding the Right Manhattan Orders of Protection Lawyer
Getting an order of protection in Manhattan can be overwhelming, but the right lawyer will aggressively represent your interests in Family Court or Criminal Court. When choosing an attorney, look for these qualifications:
- Extensive experience handling orders of protection in Manhattan
- Knowledge of NY domestic violence and family law
- Strong reputation for success in getting orders of protection
- Compassionate counsel for survivors of trauma
- Resources to help develop safety plans
- Commitment to pursuing penalties for violations
With an experienced attorney on your side, you can get the protection you need through the Manhattan courts. They will help ensure your rights are protected each step of the way.