Nassau County Order of Protection

The New York courts could, as a part of a criminal case, a divorce case or a family case, grant an Order of Protection. Court orders which help thwart harassment, abuse, violence, or stalking from occurring, are known as Orders of Protection that a Nassau County Family Lawyer and/or Nassau County Divorce Lawyer will explain to you. Your Family Lawyer can help you choose whether an Order of Protection is necessary for your case of Family Law or Criminal Law—whether you’re in Nassau County or Brooklyn, and if it’s to defend yourself or one was granted against you—an Order of Protection Lawyer for Nassau County can direct you during this emotional and sometimes disheartening situation. Our Nassau County Family Attorneys will grant an initial consultation for free at Stephen Bilkis & Associates, PLLC, if you’re in Nassau County or Manhattan. We shall begin with the basics laid out for you below which an Order of Protection Lawyer of Nassau County on our team has obliged us with.

Key Terms and Concepts

• In Family Court, in Queens and Westchester County, just like Nassau County, a respondent is a subject of the Protective Order. A petitioner is an individual wanting protection from a respondent.
• A protective order prohibiting a respondent from contact with a petitioner via email, in person meetings, phone call, third party communication, or letters is known as a stay away order.
• A limited order or a
• Do not harass order directs a respondent not to harass, yell at, threaten, or intimidate a petitioner. It doesn’t restrain all forms of communication.
• A stay away order issued to persons staying in the same residence (excluding a respondent from the home) is known as an exclusion order. When ruling on these orders, the Court typically does not care who the house is owned by or who leases the home, or which person pays for the rent or mortgage. Whether your house is a penthouse in Nassau County or it’s a split level house in Westchester County doesn’t matter either.
• Following hearings or—with dual consent—without hearings, a final Order of Protection will be granted. For a petitioner's safety until the final order can be issued or until dismissal of the case, the Court will start with a temporary Order of Protection. A temporary order can be in effect even before a respondent has been notified by service, the same day the order is filed. Coverage for a final order can last about a year, but might last for two years or longer; and when a weapon is involved, the case has "aggravating circumstances" for which a Court can extend the order for up to 5 years.
• Respondents that Violate an order, whether temporary or final, or in one of the boroughs in NYC, may receive time in jail by order of the Family Court or if they are found guilty of contempt from Criminal Charges that have been brought against them.

Which is the right Court, Family Court or Criminal Court?

The decision of which court to file in, whether the Family Court or the Criminal Court, are faced by domestic violence victims as they can file in either Court or both courts, Criminal and Family, together. Nassau County Family Court has relationship prerequisites that must be met for petitioners and respondents when an Order of Protection is filed: relatives (marriage or by blood kin), have child(ren) together, marriage (past or present), intimate relationship. (The requirement for Intimate Relationships is not met by typical socializing or casual acquaintances). Criminal Court is needed for relationships that don’t meet the Family Court requirements. People with criminal charges facing them should have contact with a Nassau County Criminal Lawyer.

Your Nassau County Family Lawyer will educate you about a special court established for some cases pertaining to domestic violence accusations—here, the same judge follows a family through their cases. Each New York City County—Kings County (Brooklyn), Richmond County (Staten Island), New York County (Manhattan), Bronx County (Bronx), and Queens County (Queens)—have these courts specially known as “Integrated Domestic Violence (or IDV) parts.

Often, the key to a victim’s safety can be an Order of Protection, and the Attorneys with Stephen Bilkis & Associates, PLLC know this. A respondent up against an Order of Protection will need an Attorney with experience in their corner, and our Attorneys are skilled in these matters. Our Order of Protection Lawyers for Nassau County are accomplished in many of the aspects involving these issues, from regaining your belongings and not violate the order to getting the fees of a petitioner paid. Our Attorneys can aid you with these various Family Law matters, such as Divorce, Orders of Protection, Child Custody, and others throughout New York, including Brooklyn and Nassau County. If you call 800.696.9529, one of the experienced attorneys on our team can serve you at an office near you. Your first consultation with our office is free.