When faced with domestic violence, harassment, or the fear of harm, seeking legal protection is paramount. In the state of New York, an Order of Protection is a legal tool to designed to ensure your safety and the safety of your loved ones. NY Fam Ct Act § 812, NY Penal Law § 215. If you find yourself in need of an Order of Protection, do not hesitate. Contact an experienced New York family lawyer to help you navigate the legal process effectively. At Stephen Bilkis & Associates we understand the significance of securing an Order of Protection and the sensitive nature of these situations. Our dedicated team is committed to assisting you throughout this challenging process.
Getting an Order of Protection in New YorkAn Order of Protection in New York is designed to safeguard individuals from domestic violence, harassment, or any form of harm. The grounds for obtaining such an order are based on acts or threats of physical harm, sexual abuse, stalking, menacing behavior, or any conduct that poses a risk to your safety or the safety of your children. NY Fam Ct Act § 812, NY Penal Law § 215
Family Court. There are several ways to obtain an Order of Protection in New York. The most common route is through Family Court, particularly when the involved parties are family or household members. In Family Court, you can file a petition seeking an Order of Protection, outlining the specific reasons and circumstances necessitating the order. To learn more about the process of getting an order of protection, contact an experienced New York family lawyer.
In New York, individuals seeking protection through an Order of Protection have multiple avenues to pursue this legal remedy. Apart from Family Court, which is a common venue for obtaining an Order of Protection, they can also seek this form of legal protection through Criminal Court and as part of divorce proceedings. The availability of multiple avenues ensures that individuals can choose the appropriate legal path based on their specific circumstances and the nature of the case.
Criminal Court. In cases where the misconduct involves criminal acts or violations of criminal law, seeking an Order of Protection through Criminal Court is a viable option. This avenue is particularly relevant when the actions in question have led to criminal charges or arrests. The court can issue an Order of Protection to safeguard the victim and maintain a safe distance between the parties involved. The intent is not only to ensure the safety of the victim but also to uphold the integrity of the criminal justice process. See NY CPLR § 1403.
Divorce Proceedings. During divorce proceedings, the safety and well-being of parties involved, especially if there are allegations of domestic violence or harassment, are of paramount concern. In such cases, the court may issue an Order of Protection to provide immediate relief to the victimized party. This order aims to maintain a secure environment during the divorce process, preventing any potential harm or intimidation. Additionally, it lays the groundwork for establishing a safe framework for future interactions, especially when child custody and visitation rights are under consideration. NY Dom Rel Law § 240
Types of Orders of ProtectionAn order of protection can be temporary or permanent.
Temporary Order of Protection. A Temporary Order of Protection is a crucial initial step to ensure immediate safety. It is typically issued without a full hearing, based on an ex parte application. This order offers swift protection for the petitioner and can remain in effect until the next scheduled court appearance or until further evaluation and issuance of a more comprehensive order. NY Fam Ct Act § 153-b. Note that if you, as the petitioner, fail to appear at the next court date, the court may dismiss the petition for the order of protection. This means that the temporary order of protection will likely be lifted or dismissed. It's important to prioritize attending court dates when seeking legal protection through an order of protection. If you are unable to attend, it's advisable to contact the court or your New York family lawyer in advance to explain the situation and seek guidance on the appropriate steps to take to minimize the potential adverse consequences.
Permanent Order of Protection. A Permanent Order of Protection, often issued after a full hearing, provides lasting legal protection. It involves a thorough legal process where both parties present their cases, and the court assesses the evidence before determining the order's terms and duration. A permanent order for protection is not truly permanent. It does not remain in effect forever. Typically, it is for two years.
Extending a Permanent Order of Protection. To extend a permanent order of protection in New York, a petitioner typically needs to file a petition for extension in the appropriate court. The petitioner should clearly state the reasons for seeking the extension and provide evidence supporting the necessity for continued protection. Molloy v. Molloy, a notable case in New York, highlights the importance of presenting compelling evidence to demonstrate ongoing threats or concerns, underscoring the need for an extension. Molloy v. Molloy, 2016 N.Y. Slip Op. 366 (N.Y. App. Div. 2016). Working with an experienced family attorney in New York is critical for navigating this process effectively.
Contact Stephen Bilkis & AssociatesUnderstanding the legal avenues available to protect yourself and your loved ones is important when facing domestic violence or harassment. If you are considering seeking an Order of Protection in New York, consulting an experienced family attorney serving New York is essential to ensure the best possible outcome. At Stephen Bilkis & Associates we are well-versed in New York's legal landscape and are committed to advocating for your safety and well-being. We are here to guide you through the process of obtaining an Order of Protection and will provide you with the expert legal assistance you need. Your safety is our priority, and we stand ready to support you during this challenging time. Contact us today at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Staten Island, Suffolk County, Bronx, Brooklyn, Long Island, Manhattan, and Westchester County.