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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