Otherwise known as a restraining order, an order of protection is a legal document that limits the contact one individual can have with another. The laws pertaining to restraining orders are different in each state. In the state of New York, an order of protection is an order from the court that tells a person the amount of contact he or she can have with another person. It also states what he or she is not allowed to do to the other person.
The amount of contact allowed will depend on the case. In some cases, there will be some contact permitted, while in others, no contact will be allowed at all. An order of protection is meant to limit the behavior of the person who may threaten or harm to another individual.
Both family courts and criminal courts possess the power to institute an order of protection. Your divorce lawyer can assist you in this legal process.
How Is an Order of Protection Obtained?
Start by contacting your divorce lawyer, so they can help differentiate which orders of protection will work best for your specific circumstance. You will need a professional attorney to back you up in court.
An order of protection in a criminal court will be issued against this person who has committed a crime. Should they commit this crime, contact the police immediately. The terms and conditions of the order of protection will be determined in the Criminal Court.
To get an order of protection through a Family Court, you must have a particular relationship with the individual whom you are issuing an order against. Specifically, here are the relationships we mean:
- Spouses (either current or former).
- A family member who is blood-related or related by marriage.
- Individuals who have had children together.
- Having a current or former intimate relationship (this is more than a casual relationship, but does not have to be sexual. The court will determine the state of the relationship when given the details).
Make sure that before filing a case in court, you contact a legal professional that has your best interests in mind.
How Long is The Order of Protection Valid?
Initially, you may receive a temporary order of protection. When the case comes to an end, the court may issue a final order of protection. This may last anywhere from one year to several years depending on the case.
What Can I Do if an Order of Protection is Violated?
Violating an order of protection is against the law. Violation is considered a crime and should be reported to the police. You should contact your divorce lawyer in Plainview right away if your order of protection has been violated.
Can The Details of an Order of Protection Be Changed?
The court who issued the order of protection can make changes according to the details of the case. The court may add or limit child visitations. The court may also change the wording in the order such as changing “refrain from” to “stay away” or vice versa. The order can also be extended if needed.
Who Can Help?
Legal professionals can help you in filing for an order of protection. With the help of a top-quality attorney that specializes in family and matrimonial litigation, you can have all bases covered. You should not have to live your life in fear or discomfort with the looming thought that you’ll have to deal with a particular individual. So do not feel ashamed to reach out for help because you do have options. With the help of a divorce lawyer, you can ensure that you are getting as much space as you need.
What about when this is abused?