Brooklyn Order of Protection
During the divorce process, a family court matter or a criminal case, courts in the State of New York can if necessary issue an order of protection. Brooklyn Family Lawyer and/or Brooklyn Divorce Lawyer will explain to you that Orders of Protection are orders of the court issued to stop continued domestic violence, harassment, stalking, assault or abuse from happening (or if necessary a Brooklyn Criminal Lawyer if the order is against you). Your Brooklyn Family Lawyer can also tell you that if an Order of Protection is required for your case within the Criminal Law or Family Law—whether you live in Brooklyn or in Manhattan, and whether one is needed for your protection or if you are facing one—you will desire a Brooklyn Order of Protection Lawyer to support you and advocate for you as this can be an emotional and even occasionally confusing time. The Family Lawyers with Stephen Bilkis & Associates, PLLC offer free consultations, whether the case is in Brooklyn or in New York City. For starters, a Brooklyn Order of Protection Lawyer from our team with much experience has created the following outline of the basics for you.
Key Terms and Concepts
- In Manhattan and the Bronx, just as in Brooklyn, any individual seeking an Order of Protection is called a petitioner in Family Court. The individual whom the Order of Protection is against is referred to as a respondent.
- The stay away order of protection denies the respondent any contact with the petitioner, which includes meetings in person, phone calls, email, third party communication, and letters.
- The limited order of protection or
- The do not harass order of protection doesn’t prohibit the respondent from contacting or communicating with the petitioner. It does, however require that the respondent not threaten, yell at, harass, or intimidate the petitioner.
- The exclusion orders are stay away orders granted to parties living within the same abode (the order forbids the respondent from that residence). When the Court is trying to decide whether to grant exclusion orders, which party has ownership or the name on the lease is usually found to be irrelevant, as is the one who responsible for paying rent or the mortgage. Whether your house in Nassau County is a split level home or if it is a Brooklyn penthouse is not important either.
- A final Order of Protection may be granted following a hearing or—with the consent of both parties—without one. The temporary Order of Protection may be assigned in order to protect the petitioner until a final Order of Protection can be issued by the Court, or until the dismissal of the case or it is withdrawn. A temporary order could be issued on the same date you filed for a protective order, even if the respondent of the case has not yet been served with papers. A typical final order of protection stands for a minimum of one year but may be continued for two years or more; should the Court become aware of “aggravating circumstances” (for instance, involvement of a weapon), the Order of Protection can be granted for up to 5 years.
- Violation of an order of protection, whether it’s a final one or a temporary order, either in Brooklyn or Westchester County, the violator can be punished with time in jail by an order from a Family Court Judge or else Criminal Charges can be brought against them and they may be proven guilty of criminal contempt.
Family Court OOP or Criminal Court OOP?
Victims of Brooklyn domestic violence have the choice if they want to prosecute the perpetrator in criminal court or to proceed in Family Court. Moreover, the victim can move forward in both Family Court and Criminal Court simultaneously. Applications for an Order of Protection within the Brooklyn Family Court can be made if the respondent and petitioner are related (by either blood or marriage), are or have been married, are parents of a child, or were involved in an intimate relationship. (Ordinary socializing and being casual acquaintances does not constitute intimate relationship.) Orders of Protection brought against anyone else will only be obtained in Criminal Court. If you find yourself facing criminal charges, please find a Brooklyn Criminal Lawyer.
Your Brooklyn Family Lawyer will also notify you that some cases concerning allegations of domestic violence may be referred to special courts at times—these courts have one judge who will hear all cases which involve one family. These are special courts which were established in the New York City Counties—from Brooklyn (Kings County) to Staten Island (Richmond County)—and are called “Integrated Domestic Violence” (or IDV) parts. To learn more follow the link Brooklyn Domestic Violence Lawyer
Lawyers for Stephen Bilkis & Associates, PLLC are aware of how an Order of Protection may be your key to protection. We can also handle situations in which you are the respondent and have an Order of Protection served against you. The Brooklyn Order of Protection Lawyers with our team are very familiar with the aspects of these orders, from paying the legal fees of the petitioner to receiving access to your personal belongings without breaching the order. Our Attorneys have priceless knowledge of these and other Family Law matters, from Custody of Children to Divorce, throughout New York State, including Nassau County and Brooklyn. Please call 800.696.9529 today and speak with one of our offices. We are eager to meet with you for your free initial consultation in an office near you.