If you are a victim of physical violence, or if someone has threatened you with bodily harm, you can seek help through an order of protection. These orders are often requested and utilized by domestic violence victims or those who have been subject to harassment or threats which cause them to fear for their safety and that of their children.
In these instances, a protective order may demand that the recipient stay away from the individual who filed for the order and their children. It may also direct the recipient to leave the residence they share with the filing party, to pay owed child support, to follow a child custody order, or not to possess a firearm.
New York Orders of Protection
In New York State, protective orders originate through either the criminal court, family court, or state Supreme Court. In any case, a skilled family law attorney can ensure all necessary procedures are followed correctly, so you get the action you need as quickly and effectively as possible.
To get a protection order via the criminal court, you must report an act of violence or threat of harm to law enforcement, and officers may charge the alleged offender with the crime that was committed. The court can issue the order at the request of the district attorney prosecuting the case, and the presiding judge will set the terms of the order.
While a previous relationship with the charged suspect is not necessary to file for a protective order through criminal court, you must be associated in one of the following ways to file in family court:
- The person is your former or current spouse.
- You share a child with the individual.
- They are a family member by blood relationship or marriage.
- It is someone with whom you shared an intimate but not necessarily sexual relationship.
To begin this process, your attorney can file the required family offense petition in the county in which you reside. You must supply evidence that the individual committed a crime against you.
Supreme Court orders are issued during a divorce case. Your lawyer can file a written request with the court or seek the order in person in front of a judge. Permanent protective orders typically last one year, but depending on the situation, they may last up to five years.
Contact a Brooklyn Family Law Attorney
If your safety and that of your children is threatened, do not wait any longer to file for a protective order with the help of an experienced New York City family lawyer. Contact Goldberg Sager & Associates today at 718-645-6677 for a free consultation.
Sources:
https://www.nycourts.gov/faq/orderofprotection.shtml
