Manhattan Orders of Protection Attorneys
We all want to feel safe. Unfortunately, things may happen that take away the ability to feel safe. When another person goes out of their way to harm or threaten to harm you, the law is there to help. You have the ability to request an order of protection that will legally prohibit the perpetrator from certain contact. If you need an order of protection, call a Manhattan lawyer today!
What is an Order of Protection?
Simply put, an order of protection is a way of the courts limiting or prohibiting contact of the violator toward the complaining witness. There are several reasons that someone can request an order of protection, especially threats or violent behavior. The order of protection may require the offender to get rid of any weapons, limit contact to necessary contact, and keep a distance between both parties.
How Do I Get an Order of Protection?
The first thing you will have to do to get the order of protection is set up the court date. You are free to file where you live, where the offender lives, or where the incident took place. Remember that if you’re trying to keep your location discreet, it might be best to file where the offender lives as opposed to where you live.
In certain situations, particularly, those where the victim may be in danger by filing in person, you may be able to file online. Talk to your lawyer to determine if this is an option for you. Make sure to include any paperwork or proof you might have from the alleged incident. The judge will then go over the case and make a decision.
Criminal Court v Family Court
You can get an order of protection via criminal court or family court. If someone is committing a violent crime against you, you can call the police to intervene. After hearing the specifics of the case, the judge may issue you an order of protection on your court date. Criminal orders of protection are public. The offender does not need to have any prior relationship to the victim.
If you go through family court, you must show that the person has a personal relationship with you for it to fall under their jurisdiction. Naturally, you must also prove that the other party is a threat to you. Family court orders of protection are kept private.
Time from of an Order of Protection
A judge may issue a temporary or permanent order of protection based on the information in front of them.
Temporary orders of protection generally lasts until the next court date. Permanent orders of protection usually last one to five years. Of course, orders of protection can evolve as the relationship between the two parties evolves. If the situation escalates, the order of protection could become more stringent or get extended. If the situation becomes more civil, more contact might be granted to the person who has the order of protection against them.
Violating an Order of Protection
If someone violates the order of protection, call the police immediately! It is for your safety. Also, you don’t want to also be charged for violating the order of protection as well. The police will handle the situation from there. There are a variety of possibilities, including arrest and jail time, so it’s important that the offender takes the order of protection seriously.
No one should have to live in fear. If you’re dealing with a contentious person and fear for the safety of you and your family, don’t hesitate! Talk to someone about getting an order of protection today. It will give you the piece of mind that you deserve while going through these trying times. Hopefully things between you and the aggressor will get better, but this is a way to keep you and your family safe in the meantime.