The order of protection laws in Queens, New York have greatly changed over the years, but they remain specific. Any person has the right to file for an order of protection as long as it is filed against a direct family member or past sexual partner. The order of protection must be filed in the Queens, New York court administration building.
After a petition is filled out, the plaintiff will have to see a judge face to face. The plaintiff will have to give sworn testimony declaring that he/she is in great fear of the defendant. Once the order of protection is signed, it is in effect immediately.
A person who has an order of protection filed against them will have a lot of complications. For instance, if you are living with the person who has filed the order of protection against you, you will be evicted until the day of the hearing. This eviction can last anywhere from one week to three months, depending on the case possibly being continued for a number of different reasons.
The police have the right to serve the order of protection anywhere and at any time. This means the police can serve you with an order of protection while you are at work. Many people have lost their job over this type of incident.
Depending on the allegations put in the petition, the defendant can have a permanent order of protection against him/her or even jail time. The order of protection can have a timeline of one year up to five years. Many states are now trying to make an order of protection a lifetime order. Additionally, an order of protection will appear on a traditional traffic violation or on a standard background check.
A Queens, New York order of protection lawyer can help a defendant in a number of ways. Once the eviction occurs, an attorney can draw up an order for the defendant to stay in the home one day a week while the plaintiff stays somewhere else. If this is not approved, an attorney can at least hire a police officer to escort the defendant to the residence so the defendant can get his/her belongings. An attorney can draw up an emergency custody agreement if there are children between the two parties.
When it comes time for the hearing, an attorney will be able to put together a proper defense. He/she will let the defendant know what questions will arise during the hearing and how to answer them. An attorney will also speak to the judge directly. This will help the defendant focus on his/her testimony without worrying about how to respond to the judge. Having an attorney present for the hearing will also keep a defendant calm, and being calm is a big plus in looking innocent. Statistically, it has been proven that judges base 40% of their decision on the physical movement and appearance of the defendant. This is also how judges determine in a person is lying or not.
Depending on how severe the allegations are, an attorney can even get the defendant into several different programs before the hearing. These programs can include rehab, a domestic violence program, a drug and alcohol program, or the like. Being signed up for one or more of these programs can be the difference in going or not going to jail. More importantly, the defendant will be receiving help for any problems he/she is experiencing.