Long Island Orders of Protection Lawyers

Posted By Adam Denton, On October 3, 2017

Going through a divorce is never easy. It can be a complicated process, especially when there is a situation of spousal abuse or any form of domestic violence within the relationship. When things are that bad, there is no choice but to go ahead with divorce proceedings. However, if you reside in the Long Island area or anywhere else in New York, it’s important to have an experienced New York divorce attorney on your side, working for your best interests. Your lawyer can not only help to get your divorce settled as quickly as possible but can also help you to obtain an Order of Protection. This document is frequently necessary when there is a history of abuse between the former couple that can include harassment, stalking, abuse itself and other types of violence perpetrated against you by your ex. An Order of Protection is in place to protect the individual who is being abused from their abuser.

Why Should You Seek an Order of Protection?

When you choose to put an end to your marriage, it takes a great deal of courage. However, when you are also being abused by your spouse, it can seem like an impossible task. Your divorce lawyer can help you by making things easier while you go through the divorce and officially put an end to your relationship. When you seek an Order of Protection, it is one of the basic civil orders available that can keep you safe during the process of the divorce. In addition, an Order of Protection can cover any children you have who are still minors. Your attorney will work to do everything possible to ensure that you get the Order of Protection and that your best interests are met. The Order can also help you to clear your head so that you can focus on what is necessary at the moment.

It’s important to know when an Order of Protection can be obtained. Certain situations make it applicable to have one, including any type of physical abuse or even harassment that leads to emotional distress. If your former spouse intimidates your child, interferes with your personal liberties and deliberately deprives you or puts you at risk for any physical, emotional or mental harm, it is all grounds to obtain an Order of Protection. There are different options for the Order as well of which you should know.

An Emergency Order is the type that goes directly to the judge and doesn’t require the abuser appearing in court or being notified about the order before it takes place. This type of Order of Protection is for individuals who would be in immediate danger if their spouse was aware of the Order. It is valid for two to three weeks until a full hearing, whereas another, longer Order of Protection is instituted. The abuser is also removed from the home when you receive the Emergency Order.

An Interim Order does not require a full hearing, but the abuser is required to appear in court to present their case to a judge prior to you being given the Order. Often, this is given to individuals who had an Emergency Order but who have to wait some time before a full hearing can take place. An Interim Order lasts for a maximum of 30 days.
A Plenary Order is the final type of Order of Protection. It is given after the hearing and when both parties present their evidence. It lasts up to two years and can be renewed anytime.

How to Receive an Order of Protection

There are certain steps you need to take once you have determined which type of Order of Protection is appropriate for you. You must go to the nearest court to where abuse took place and request a petition and file forms to first obtain an Emergency Order. Your lawyer will help you to ensure that everything is done correctly. The judge determines whether or not to grant the Order and a hearing will be scheduled for a future date.

Contact an experienced divorce attorney in New York to get help obtaining your Order of Protection as your divorce proceeds.

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