Long Island Order of Protection
As a part of the divorce process, or part of a criminal case, courts in New York State can issue an order of protection. Your Long Island Family Lawyer and/or Long Island Divorce Lawyer can tell you that Orders of Protection are court orders that are issued to stop continued assault, stalking, sex abuse, harassment, or violence from happening (or if you’re the subject of the order, contact a Long Island Criminal Lawyer). Your Family Attorney can also inform you that if you require an Order of Protection for your Criminal Law or Family Law case—whether you are in Long Island or in Queens, and whether you need one for your protection or you have been subjected to one—you will need a Long Island Order of Protection Lawyer to assist you in contesting this occasionally confusing and emotional situation. A Family Lawyer with Stephen Bilkis & Associates, PLLC can supply you with free advice, regardless of if your case is on Long Island or in New York City. To start, an experienced Long Island Order of Protection Lawyer from our team has created an outline of the basics below for you.
Key Terms and Concepts
- In Westchester County and the Bronx, just as in Long Island, in Family Court, any individual seeking the Order of Protection is called the petitioner. The individual against whom the Order of Protection is sought is referred to as the respondent.
- The stay away order of protection forbids the respondent from having any contact with the petitioner, this includes phone calls, meetings in person, third party communication, email, and letters.
- The limited order of protection or
- The do not harass order of protection does not prohibit the respondent from contact or communication with the petitioner. However, it does require the respondent to not yell at, threaten, intimidate, or harass the petitioner.
- The exclusion order is a stay away order that is granted to parties living in the same residence (the order excludes the respondent from that home). When the Court is deciding to grant the exclusion order, they often find it irrelevant which party has ownership of the home or who’s name the lease is in, as well as who is responsible to pay the rent or mortgage. It also does not matter if your home in Nassau County is a split level house or if it’s a Suffolk County, Long Island, Hampton Estate.
- A final Order of Protection is granted after the hearing or—with consent from both parties—without a hearing. The temporary Order of Protection can be assigned in an effort to protect the petitioner until such time the Court can issue a final Order of Protection, or just until the case is dismissed or withdrawn. A temporary order may be issued on the same day you filed for your protective order, even prior to the respondent of the case being served with papers. The final order of protection usually stands for one year at least and can be extended for two or more years; if the Court becomes aware of “aggravating circumstances” (like involvement of a weapon), an Order of Protection can be issued that will be good for up to 5 years.
- Violation of an order of protection, whether it is a final order or temporary one, either in Long Island or Westchester County, it can be punished by time in jail either by an order from the Family Court Judge or Criminal Charges can be brought and the defendant may be found guilty of criminal contempt.
Family Court OP vs Criminal Court OP?
A domestic violence victim has choice to prosecute an alleged defendant in criminal court or proceed in Family Court. The victim can also proceed at the same time in both the Family Court and Criminal Court. You can apply for an Order of Protection in the Long Island Family Court if the respondent and you are related (either by blood or marriage), have a child together, are married at present or previously were, or were together in a relationship of an intimate nature. (Neither ordinary socializing nor casual acquaintances can constitute an intimate relationship.) Orders of Protection against anyone else must be obtained only through Criminal Court. If you face criminal charges, you need to contact a Long Island Criminal Lawyer.
Your Long Island Family Lawyer can also inform you that some cases involving allegations of domestic violence are at times referred to special courts—these are courts in which one judge hears all cases involving one family. These special courts are established in each of the New York City Counties—from Kings County (Brooklyn) to Richmond County (Staten Island)—and they are referred to as “Integrated Domestic Violence (or IDV) parts (Long Island Domestic Violence Lawyers).
Here at Stephen Bilkis & Associates, PLLC, we are aware how an Order of Protection can be the key to protecting victims. We are also experienced in handling situations in which you, as the respondent, are served with an Order of Protection. Each Long Island Order of Protection Lawyer on our team are familiar with all the factors involving these orders, from the payment of the legal fees of the other party to gaining access to your belongings without violation of the order. We have priceless experience with these matters in addition to other Family Law matters, from Child Custody to Divorce, throughout New York, including Nassau County and Suffolk County on Long Island. Please call our offices at 800.696.9529 today. We will meet with you for a free initial consultation at any one of our convenient offices in the NYC-area.