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
– 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:
– Legally married
– 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.
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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