In New York, courts may issue orders of protection, sometimes referred to as restraining orders, to protect people from threatening and harmful conduct of others. When an order of protection is issued, the party who is restrained cannot have contact with the protected person and there may be other restrictions. A violation of an order of protection may result in significant consequences. If you have been the victim of violent, threatening, or harassing behavior from another person, you should contact Brooklyn orders of protection lawyers for legal assistance.
What is contained in an order of protection?
An order of protection may require a person to stay away from another person’s residence, school and place of employment. It may include a specific distance restriction. An order of protection may also restrict certain forms of contact and communication, such as phone calls, electronic communication and verbal communication. When the parties to an order of protection share children in common, the order may set forth a visitation schedule and other limitations regarding the custody of the children.
How do you get an order of protection?
An order of protection may be issued by the Criminal Court or Family Court. For an order of protection to be issued by the Criminal Court, the person to be restrained must be charged with a crime. To get an order of protection through Family Court, you must file a petition with the court requesting an order of protection.
To obtain an order of protection through Family Court, you must establish that there is a qualifying relationship to justify the issuance of the order of protection. This includes spouses, persons with children in common, persons who have a current or previous intimate relationship, and persons related by blood.
In order to issue an order of protection, there must be facts alleged indicating that there is a risk of harm. After a petition for an order of protection is filed, a judge reviews the petition and, if the necessary information is alleged, an order of protection will be issued on a temporary basis. This temporary order of protection will only be in effect for a certain number of days and the court must hold a hearing in order to extend the length of the order of protection.
What happens at the court hearing on the order for protection?
After the court issues the temporary order of protection and schedules a court hearing, the person requesting the order of protection and the person who is subject to the order have an opportunity to present evidence and argument to the court. The person requesting the order of protection has the burden of proof to show the necessary legal elements.
The person who is subject to the order of protection also has an opportunity to present testimony and evidence to rebut the allegations of the petition. After hearing the evidence, a judge will decide whether to keep the order of protection in effect. If the judge decides to keep the order of protection in effect, then they will set forth the specific terms of the order.
What happens if a person violates the order of protection?
If a person violates a provision of the order of protection, then they may be charged with a crime and arrested. An order of protection is enforceable even across state lines. In the event a person is violation of an order of protection, then the victim should contact law enforcement and report the crime.
How can an order of protection lawyer assist?
Because there are specific laws that govern orders of protection, a person seeking to obtain an order should consult with an order of protection lawyer. A lawyer can help a victim prepare the petition and set forth the necessary information. After the petition is filed and a hearing is scheduled, a lawyer can represent the victim in court and advocate for an extension of the temporary order of protection.
Victims of crimes have certain rights and resources available to them. A order of protection lawyer can help victims receive the benefit of these resources. They can also ensure that victim’s rights are honored.
By working with an experienced order of protection lawyer, victims will have greater peace of mind knowing that someone is looking out for their interests and protecting their rights. If you have been the victim of a crime, violence, harassment, or other threatening behavior, contact Brooklyn orders of protection lawyers to schedule a consultation and learn more about your rights.