When you go through a divorce, there are a number of issues you must deal with such as custody, division of property and child support. Unfortunately, there are relationships that have been marred by violence and you will need to have an order of protection issued through family court. If you feel that you or your children are legitimately in danger, you should hire a good order of protection lawyer to help you. This is the first line of defense in keeping you and your family safe.
There are many ways a person can suffer abuse — mentally, physically and emotional. The abuse may have been going on for a long time. Sometimes, just the act of filing for a divorce can escalate the situation. If the spouse is stalking you, calling with threats or showing up at your workplace, you need to see an attorney about an order of protection as quickly as possible. This is something you cannot afford to delay.
New York has a number of laws governing orders of protection. First of all, if the facts support that you need an order of protection, it will be granted. Pursuant to the law, it will be granted if you have been actually threatened or abused. The order can also be made during the same time you are going through a divorce. If you are going through a divorce and you believe that you need an order of protection, you should contact an attorney to help you understand your rights under the law.
Your lawyer will be at your side at the protection order hearing. They will present your case and all of the evidence to support your accusation of violence and abuse. There is no threshold. You only have to show that the abuse has taken place.
The offending party must also understand that any violation of the order can land them in jail. Unfortunately, there have been many cases of domestic violence where a woman ends up dead. If you are divorcing and you feel that you are in danger, don’t delay. Pick up a phone and call an attorney today. They will walk you through the process to ensure that you understand your rights. The personal safety of you and your children will be your attorney’s primary concern.
A court can make a temporary protection order depending on the circumstances. The initial order can be for 1 year, but extended to 2 years at the court’s discretion. If there are aggravating circumstances like a weapon being involved, the court could extend it up to five years. Again, if these orders are violated in any way, the repercussions can be quite severe. The perpetrator will be charged with felony criminal contempt and jailed.
If you need more information about New York orders of protection, you should contact an attorney. Only a seasoned professional with a track record can provide you with the information you need to keep you safe. Your attorney will fight for your rights. If they feel that you may be in a dangerous situation, they will inform the court. Your initial consultation will be free. They will help help you through the process from start to finish. You will get an up close and personal view of what the process is like. Don’t delay. Find an attorney who can help today.