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.
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.
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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.