NYC Order of Protection Lawyers
No one ever has a right to lay a hand on you in malice. Unfortunately, we live in a society where abusive situations occur all the time. If you are a victim of domestic violence, there are several legal actions that you can take to protect yourself. These actions will shield you from further abuse using both civil and legal avenues. Though an Order of Protection cannot stop a perpetrator from hurting you, it does give you the right to have them arrested should they violate this legal document. A Manhattan attorney can help you to obtain a Criminal Protection Order, Restraining Order, and an Emergency Protection Order when you need it most.
Obtaining an Emergency Protection Order
In NYC, the police are continuously called into homes where domestic violence has occurred. When there are obvious signs of abuse, the responsible party will be asked to leave the premises. Though vacating the property, it not easy, it’s the law. Also, the responding officer will confiscate any guns or other weapons from the home. Anyone charged with a crime of violence is not allowed to have a gun in their possession.
The responding officer can immediately give you a “Statement of Personal Service.” This is an Emergency Protection Order that covers you until you can get through the proper channels in the court, and it only lasts a specific number of days.
A Traditional Order of Protection
Every state in the country has laws that protect those involved in domestic violence situations, and New York is no exception. Keep in mind that the verbiage used is different by each one. For instance, in New York and Illinois, the documents are called Orders of Protection. However, in California, they refer to them as a restraining order. Florida calls it something else altogether. They refer to it as an Injunction for Protection. It doesn’t matter the technical term; the critical part is that there are options available in all 50 states.
An Emergency Protection Order differs from a typical Protection Order in that they are longer in nature. Depending on the circumstances surrounding the case, they can be anywhere from two to five years, or some may last a lifetime. If the victim still feels threatened at the end of the term, then they can ask the court to extend it to further their protection.
What Does A Protection Order Entail?
Many people are confused about what a protection order entails. First, the abuser is not allowed to call, text or email their victim. They cannot stalk or disturb this person in any way, and that includes coming near their car or property too. The only variation would be when there are children or some other reason why they must communicate. In this case, the court would put a stipulation for peaceful contact.
When an order is in place, there is a stay away provision. An abuser must not come within a certain number of yards of the victim. This also includes their home and place of employment too. The distance is decided by the court for each case, and the mandate can be anywhere from 200 yards to 500 feet.
If the parties reside in the same home, then the abuser will be required to move out. They must also surrender any guns to the proper authorities. Additionally, they cannot purchase a firearm. Some judges may order counseling, like anger management, to help control their rage. Counseling is not a prerequisite to getting the order dropped; it’s just part of the court’s attempt at rehabilitation.
Violating Protection Orders
Violating a protection order is not something that the courts or the police department take lightly. They can arrest the perpetrator and charge then in three different manners. They can end in felony charges, or they can be charged with contempt of court. The more violations that occur, the harsher the penalties. To get help with filing a protection order, you need a family law attorney. The other party can fight your attempts for protection, which is why you must have someone who is knowledgeable in this legal arena to help.
Getting Help When You Need It Most
It’s not uncommon for a restraining order to be issued automatically in a divorce proceeding. However, an Order of Protection is one step beyond a restraining order. It’s used in cases where someone fears for their life. There is never a reason for violence regardless of the situation. Thankfully, the court takes extra precautions to ensure you and your children’s safety. Though it takes some time to get through the court system, emergency orders can help in the short term.
Not only can an attorney help, but there are many programs throughout Manhattan and the surrounding areas that help victims get the help they need, including protection orders and even safe housing. The protection laws are an important part of taking control of your life again.
There are sometimes issues with your family members or other people you have relationships with that don’t end well. If you feel that these people need to stay away from you, then you can file for an Order of Protection in New York City. An attorney can help you file the proper paperwork and ensure that the person who you take the protection order out against stays away from you. However, if there is an issue that arises that results in the person contacting you at any time while the order is in place, then an attorney can approach the court to ask that the person is punished for the actions committed.
An Order of Protection can be issued because someone stalks you, harasses you, or you feel that your life is in danger because of how someone else has acted in your presence. Since this is often a time when there are emotions involved with the decisions that are made, an attorney can be beneficial in offering suggestions about how to proceed with filing the paperwork and what to look for if you feel that the person is violating the order. When you begin looking for an attorney, you need to find one who understands this area of the law and who will communicate with the court in a way that ensures your safety as well as the safety of others. You should find an attorney who you can trust and who you can talk to about the issues that resulted in the protection order. There are a few elements surrounding a protection order that you need to keep in mind so that you understand this kind of order and so that you know the rights that you have.
You are considered the petitioner if you are the person who approaches the court for the order. If you are the person receiving the order, then you are considered the respondent. Once the protection order is filed, the respondent is not allowed to have any contact with you at all. This means that there are to be no phone calls, no mail, and no visits. If you notice any kind of contact from the respondent, then you should contact the police department or your attorney. Record each time that the person tries to have contact with you to submit the information to the court. There is a limited protection order that the court can grant that prohibits the respondent from yelling at you or engaging in any kind of violent act. It does not completely keep the person from contacting you at all. If you feel that the situation is getting worse, then you can talk to your attorney about enhancing the order to one that includes a full protection.
An exclusion order is one that keeps both parties from living in the same home. There is usually no consideration as to who owns the home or who is the primary name on the lease as to who is ordered to stay away. The person who commits the actions that result in the order being sought is the person who will usually be ordered to stay out of the home. The final order is granted after a hearing, which is when you need an attorney to represent you. An attorney can examine the evidence provided and determine the best type of order to ask for that will keep you and your family safe. Most orders are valid for one year while some orders can be extended for two years. However, if there are any violations, then you can go back to court to seek a modification of the order. If you feel that your safety is threatened, then you can ask that the person is arrested as a violation of the order. Most orders are filed in family court, but if there is a criminal concern, then a criminal court could hear the situation and hand down the final decision while also enacting punishments if there is a violation.