Bronx Order of Protection
The courts in New York might issue an order of protection Criminal Court, or in either family court or Supreme Court, in a divorce case. Your Bronx Family Lawyer and/or Bronx Divorce Lawyer will advise you that an Order of Protection is a court order issued to end continued harassment, stalking, assault abuse, or violence from coming to pass (or possibly a Bronx Criminal Lawyer if you are the subject ). Your Bronx Family Attorney will let you know if you have grounds to file an Order of Protection for a Family Law case or file a criminal complaint with the police—regardless if you live in the Bronx or in Queens, and if you feel the need for one for the protection of yourself. Sometimes the table is reversed and you find you’ve been subjected to one—a Bronx Order of Protection Lawyer will be necessary to assist you in counseling you through either of these situations. A Bronx Family Lawyer at the firm of Stephen Bilkis & Associates, PLLC will consult with you for free, whether the case is in the Bronx or anywhere in New York City or Long Island. Let’s begin with an outline of the basics created by an experienced Bronx Order of Protection Lawyer on our team for you.
Key Terms and Concepts
- In Brooklyn and Manhattan, just as in the Bronx, in Family Court, individuals which seek Orders of Protection are known as petitioners. Individuals whom Orders of Protection are sought against are referred to as respondents.
- Stay away orders prevent respondents from having any association with petitioners, including meetings in person, phone calls, third party communication, letters, and emails.
- Limited orders of protection or
- Do not harass orders don’t stop respondents from communicating or contacting petitioners. Nevertheless, they do require respondents to not intimidate, yell at, threaten, or harass petitioners.
- Exclusion orders are stay away orders granted to participants living at the same occupancy (these orders prohibits respondents from visiting that home). Courts deciding whether to grant exclusion orders, often find the party with ownership of the home or the name listed on the lease irrelevant to the case, additionally those responsible for rent or mortgage payments. Whether your home is a Bronx penthouse or it’s a split level house in Suffolk County.
- Final Orders of Protection are granted following the hearing or—upon consent of both sides—without a hearing. Temporary Orders of Protection may be assigned with the intent of protecting petitioners until final Orders of Protection can be issued, or until the dismissal or withdrawal of the case. Temporary orders could be granted the same day protective orders are filed, and even before respondents have been served with the papers. Final orders are usually in effect for at least one year but may be prolonged for two years or longer; however, if the Court is made aware of an “aggravating circumstance” (involvement with a weapon, for example), the Order might be issued for up to 5 years.
- Violation of the order of protection, whether final or temporary, either in the Bronx or anywhere in New York, and can be punished with jail time by either an order from the Judge of Family Court or the defendant may have Criminal Charges brought against him and found guilty either after a plea or trial of criminal contempt.
Family Court or Criminal Court?
Bronx Domestic violence victims are afforded the opportunity of whether to file a suit in Family Court or have the police make an arrest and have the District Attorney ask for an order in Criminal Court. Victims can also file in both the Family and the Criminal Courts together as well. The relationship criteria for filing an Order of Protection in the Bronx Family Court can be filed for if the respondent and petitioner are related (by either blood or marriage), are presently or were previously married, have a child together, or have had relations of an intimate nature. (Ordinary socializing or casual acquaintances does not make for an intimate relationship.) Protective Orders against anyone else will be acquired only in Criminal Court. You will require a Bronx Criminal Lawyer if criminal charges have been filed against you.
Your Bronx Family Lawyer will tell you that cases involving domestic violence allegations may at times be referred to specialized courts—in these courts, one judge hears all the cases which involve a single family. These special courts have been established in each New York City Counties and are called “Integrated Domestic Violence” (or IDV) parts—from Kings County (Brooklyn Domestic Violence Lawyer) all the way to Richmond County (Staten Island).
The Lawyers at Stephen Bilkis & Associates, PLLC are acquainted with how Orders of Protection can be a victim’s key to protection. We can handle situations if you are served, as the respondent, with an Order of Protection. The Bronx Order of Protection Lawyers with our team are cognizant with the aspects of these orders, from retrieving your possessions without violation of an order to paying the legal expenses of the other party. Our experience in these matters and Family Law matters is vast, from Guardianship to Divorce, all over New York, covering Westchester County and Suffolk County. Please give us a call at 800.696.9529 today. We have offices all over the NYC-area to meet with you and serve you.