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Family courts issue orders of protection in order to stop or prevent domestic violence or harassment within a family unit or close domestic relationship. In order to request orders of protection you must file a petition with the court specifying the exact nature and extent of the abuse or harassment.
What are Orders of Protection?
An Order of Protection is a court order that restrains an individual from engaging in abusive or harassing behavior. Orders of protection can be temporary or permanent.
What is abusive or harassing behavior?
Typical forms of abuse and harassment can be physical, emotional, psychological, or verbal. Conduct or behavior that causes another person to reasonably fear for their safety, is abusive. Behavior and conduct that is menacing and serves no other purpose but to annoy, is harassment.
Who should seek an Order of Protection?
Any person who has been physically, emotionally, psychologically, or verbally abused. Any person that is being harassed or stalked by another person should seek an order of protection against the abusive or harassing party.
Who is protected by an Order of Protection?
A party seeking an order of protection can request that the court issue orders that protect the person requesting the orders, and their immediate family members.
How can an Order of Protection help me?
An order of protection is a direct order of the court directing a party to refrain from certain activity, behavior or conduct that is abusive or harassing. A violation of an order of protection is a contemptible offense and can be subject to civil and/or criminal penalties.
How can a lawyer help me get Orders of Protection?
Navigating the judicial system can sometimes be a daunting task. An experienced order of protection lawyer can prepare necessary paperwork and help you obtain the orders needed to prevent further abuse or harassment.
What if the other party disputes the allegations of abuse?
If the accused party disputes or chooses to litigate the case, it is imperative that you consult with an experienced lawyer that can protect your rights and ensure that you receive the orders of protection needed to stop the abuse or harassment.
What happens if the restrained party violates the Order of Protection?
Restraining orders/orders of protection are quasi-criminal matters and may be subject to criminal prosecution if the orders are violated. If a restrained party does not stop their abusive or harassing behavior they may be subject to fines, probation or incarceration. Under New York statutes it is a crime to knowingly and intentionally violate an order of protection http://www.nycourts.gov/faq/orderofprotection.shtml#q3a.
What should I look for in a lawyer?
Above all, seek experience and advanced knowledge of local procedures to secure orders of protection. It is extremely important to seek a lawyer who is familiar with the local court and rules where the case will be heard. In addition, you want a lawyer that is compassionate towards their client’s needs and passionate about their representation of their clients.
If you are seeking orders of protection in Long Island family court, it is imperative that you speak with an experienced Long Island order of protection lawyer as soon as possible to ensure you are fully protected under the law.