NYC Order of Protection Lawyer
Orders of protection may be issued as part of your family court case, divorce or part of your criminal case, by the courts in New York City. An Order of Protection is an order issued by the court to help stop continued violence, harassment, abuse, stalking or assault from occurring, which your NYC Family Lawyer , NYC Divorce Lawyer and/or NYC Criminal Lawyer (if you are a defendant), can further explain. Your Family Attorney can recommend if you should consider an Order of Protection should be part of the Family Law or Criminal Law case you have—whether in NYC or Nassau County, and whether it's for your protection or one has been issued against you—a NYC Order of Protection Lawyer or will be needed to navigate you through the litigation of this emotional and sometimes confusing situation. Our Family Lawyers at Stephen Bilkis & Associates will meet with you for an initial free consultation, be it in New York City or on Long Island. To get started, the basics have been outlined for you below by an experienced NYC Order of Protection Lawyer from our team.
Key Terms and Concepts
- In Family Court, the petitioner is the individual seeking the Order of Protection, in Staten Island and Brooklyn just as anywhere in NYC. The respondent is the party the petitioner is requesting protection from.
- A stay away order of protection inhibits the respondent from any form of communication with the petitioner, such as phone calls, email, in person meetings, letters, and third party communication.
- A limited order or
- do not harass order doesn't impede communication or contact between the respondent and the petitioner. It directs the respondent, however, not to threaten, intimidate, yell at, or harass the petitioner.
- An exclusion order of protection is a stay away order given to parties dwelling in the same location (the respondent is excluded from that house by the order). When determining to grant this type of order, the Court generally finds it inconsequential which party is the owner of the home or what name is listed on the lease, moreover who the rent or mortgage is paid by. It is also beside the point whether you live in a NYC penthouse or a Westchester County townhouse.
- The final order is granted following a hearing or without a hearing, if consent is given from both sides. A temporary order is issued to protect petitioners until the Court is able to issue the final order, or when the case is retracted or released. You may receive a temporary order of protection on the same day you file for the order, before the respondent is even served with the papers. Final orders are usually in effect for at least a year but can be stretched out for two years or longer; if “aggravating circumstances” (like weapon involvement) are a factor, the Court may issue a Protective Order that can last for up to 5 years.
- Violating an order is punishable with time served in jail, whether the order was temporary or final, and regardless of if you reside in NYC or Brooklyn. The guilty respondent may find himself in jail by a Family Court Judge’s order or if found to be guilty of criminal contempt.
Family Court and/or Criminal Court?
Those that suffer from domestic violence can opt to either move forward in Family Court or bring charges in criminal court. Moreover, if the victim wants to proceed in both the Family and Criminal Court concurrently they may. An Order of Protection in NYC Family Court can be filed if both sides have a child together, are related (marriage or blood), are or ever have been married, have had intimate relationship. (Neither informal association nor typical socializing qualifies as an intimate relationship.) An arrest must occur then, Criminal Court will be your avenue for obtaining an Order of Protection against anyone else. A NYC Criminal Lawyer can help you if you have criminal charges pending against you.
There are special courts your NYC Family Lawyer can advise you about for cases involving the allegation of domestic violence—in these courts one judge will hear all claims concerning one family. These special courts exist in each of the New York City Counties—ranging from Richmond County (Staten Island) over to Kings County (Brooklyn)—and they are designated as IDV, or “Integrated Domestic Violence” parts (NYC Domestic Violence Lawyer).
The office of Stephen Bilkis & Associates recognizes that an Order of Protection may be crucial to guarding a victim. If you have an Order of Protection against you, we can handle your defense. Our team has NYC Order of Protection Lawyers familiar with all the elements accompanying these orders, from payment of legal fees of the petitioner to retrieving your belongings without breaking the order. We have valuable exposure in these areas including other Family Law matters, such as Divorce or Child Custody, covering the New York region, including Queens and Suffolk County on Long Island. Call 1 800-NY-NY-LAW today for your free initial consultation at one of our conveniently located offices in NYC-area.