New York City Order of Protection Lawyer
An order of protection can be granted as a component of your family matter or divorce or as a component of your criminal case, by a court in the State of New York. Orders of Protection are orders issued by the court in an effort to stop sex abuse, domestic violence, child abuse, assault, or stalking from continuing, which your New York City Family Lawyer and/or New York City Divorce Lawyer will explain further. Your Family Lawyer will enlighten you if an Order of Protection is necessary for the case you have in Family Law or Criminal Law—whether in New York City or Long Island, and whether it is for your own safety or one was issued against you—a New York City Order of Protection Lawyer can navigate you through the rigorous negotiations of these emotional and frequently confusing situations. Our Family Attorneys at Stephen Bilkis & Associates, PLLC would love to meet with you for a free initial consultation, should it be in New York City or in Westchester County. First, we have the basics outlined for you below courtesy of an experienced New York City Order of Protection Lawyer on our team.
Key Terms and Concepts
- In Family Court, a petitioner is the person pursuing the Order of Protection, in Queens and Manhattan as well as the rest of New York City. A respondent is the person the petitioner is seeking protection from.
- A stay away order blocks the respondent from all forms of correspondence with the petitioner, like emails, telephone calls, face to face meetings, writing, and communication via third party.
- A limited order or
- Do not harass order does not halt contact between the two parties. It simply instructs the respondent not to make threats, yell at, intimidate, or bully the petitioner.
- Exclusion orders of protection are a type of stay away order granted when parties dwell in the same place (only the respondent is expelled from that location by the order). When ascertaining to grant exclusion orders, the Court will generally find it inconsequential who the home belongs to or whose name is mentioned on the lease, or who takes care of rent or mortgage. It is also irrelevant where you live, whether in a New York City penthouse or a Nassau County split level house.
- Final Orders are given following a hearing, or possibly without a hearing if both sides agree. A temporary order protects petitioners until such time the Court has issued the final order, or whenever the case has been retracted or released. You could receive your temporary order of protection the same day the order is filed, even if it’s before the respondent receives service of the papers. Final orders typically last at least a year but they can be prolonged for two years or better; “aggravating circumstances” (like involvement of weapons) can cause the Court to extend an Order for up to 5 years.
- Violating an order may result in time served in jail, whether the order was a temporary one or final, and despite if you are located in New York City or the Bronx. A guilty respondent may land in jail by Family Court Judge’s order or if guilty of criminal contempt.
In which Court do you proceed for an the order of protection; Family or Criminal
Domestic violence victims can choose if they wanted to move forward in the Family Court or bring an action in the criminal court or if the situation warrants it, in both Courts. Victims can proceed concurrently. New York City Family Court Orders of Protection can be filed if both sides parent a child together, are related by marriage or blood, have at any time been married, or have had intimate relations. (Informal association and typical socializing do not qualify as intimate relationship.) Criminal Court is for filing an Order of Protection against any other person(s). A New York City Criminal Lawyer is available to help you if criminal charges are pending against you.
There are special courts for some cases your New York City Family Lawyer can inform you about for domestic violence allegations—a single judge within these courts will hear all the claims concerning the same family. These special courts are established each of the New York City Counties—spanning from Richmond County (Staten Island) all the way over to Kings County (Brooklyn)—they are also designated as IDV, which is “Integrated Domestic Violence” parts. If you find yourself in this court room, you should consider hiring a New York City Domestic Violence Lawyer who practice defending the rights of those criminally charged.
Stephen Bilkis & Associates, PLLC recognizes that Orders of Protection can be crucial to a victim’s safety. If there is an Order of Protection filed against you, we can help you as well. Our team employs New York City Order of Protection Lawyers who are familiar with all the components encompassing these orders, from restitution of legal fees for the petitioner to reclaiming your belongings without infringing on the order. We have great understanding of these and other areas of Family Law, like Child support, Divorce and Child Custody, reaching across New York City, including Manhattan and Queens and Nassau County on Long Island. Call us at 1.800.NY.NY.LAW (1.800.696.9529) today for a free initial evaluation at any of our conveniently stationed offices in the NYC-area.