NYC Orders of Protection Lawyers

Posted By Adam Denton, Uncategorized On August 7, 2018

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 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.