An order of protection can be granted during a divorce case, family court case or criminal case in Queens and the rest of the New York area. The court will grant these orders as a way to stop another person from continuing to initiate abuse, stalking, harassment, violence or sexual assault against a victim. If you are a victim of any of these crimes and want to seek an order of protection in the Queens, New York area, you need the help of a skilled attorney. Whether the situation involves a family member or someone else, your lawyer will give you as much information as possible about obtaining your order of protection while your case is pending. You will get the basics of what entails obtaining an order of protection and what it is meant to do.
What is an Order of Protection?
An order of protection is a type of legal document that requires a person to stay away from another. In Queens, New York and elsewhere, it can be an essential and even life-saving document. An order of protection orders an abuser of any number of crimes, such as sexual assault, domestic violence, harassment or stalking, to stay away from the victim of their abuse. Generally, depending on the order of protection you get, and the reason why you are seeking one, it can do the following:
• Determine whether the individual can contact you
• Enforce what type of contact is allowed
• Act as a step toward charging the individual with a crime
Deciding Between a Family Court Order or Criminal Court Order of Protection
When a victim from Queens, New York has an issue with their spouse that requires an order of protection, they may wonder whether they should obtain it in family court or criminal court. It is possible to obtain an order of protection from either court while they have ongoing cases in both family and criminal court. However, the family court has specific requirements for petitioning for or responding to an order of protection. The parties must either be married or in a current or past intimidate relationship, related by marriage or blood or share a child or children. The better option for someone seeking an order of protection against a spouse, former spouse, significant other, former significant other or parent of their child is to go through the family court.
Custody Issues with an Order of Protection in Place
A person who is in fear for their safety or that of their child can benefit from an order of protection. If there has been a violation of the protection order, it’s important to document every incident while a divorce case is pending. If the respondent has been ordered by law to stay away from the petitioner and leave them alone but persists in harassing the person, whether digitally or personally, they are considered in violation of the order of protection. An attorney can help to explain the guidelines of the order and what constitutes violating an order or protection, as well as how to report it.
When an Order of Protection is Necessary Against Someone Else
Most people think that someone only needs an order of protection when the individual against whom they need an order of protection is their spouse or a romantic partner. The legal language surrounding the idea of having an intimate relationship with a person is complex. It doesn’t necessarily mean the parties must have had a physical relationship but entails a variety of factors. A person can have a problem with any number of people, including a friend, online friend, former friend or acquaintance. In a situation where the individual fears for their safety, it’s important to talk with an attorney about obtaining an order of protection and see if it is worth getting one.
Making an Order of Protection Permanent
If you are in a situation where you need an order of protection to be permanent, it’s important to speak to your attorney. It’s not uncommon to reach out for legal help after being abused by someone and when you are fearful for the abuser to physically threaten you or your children in the future. Although many orders of protection start as temporary legal documents, it is possible to take further legal action to make an order permanent. A hearing is scheduled to make it permanent. There are long-lasting effects that involve not only you but your children as well.