Queens Order of Protection
Orders of protection can be enforced on your family court case, divorce case, or your criminal case, by the court in New York State. Protective orders are orders granted by the court with the intent to stop further stalking, sexual assault, violence, harassment, or abuse, which your Queens Family Lawyer and/or Queens Divorce Lawyer will give more explanation. Your Family Lawyer can tell you if an Order is needed for your case in Family Law or Criminal Law—whether in Queens or the Bronx, and you need the protection or the order was place on you—a Queens Order of Protection Lawyer will lead you through the harsh battle which is both emotional and frequently confusing. The Family Attorneys at Stephen Bilkis & Associates, PLLC are eager to meet with you for your free initial consultation, if it be in Queens or in Manhattan. Our first step will be to take a look at the basics we have listed for you below a favor of one of our experienced Queens Order of Protection Lawyers.
Key Terms and Concepts
- A petitioner, in Family Court, is the person desiring the Order of Protection, on Staten Island and in Manhattan as well as Queens. The subject the petitioner seeks protection from is called the respondent.
- Stay away orders block all forms of exchanges between the respondent and the petitioner, for instance, face to face meetings, emails, writing, telephone calls, and communications via third party.
- A limited order or
- Do not harass orders do not prevent contact amidst the two parties. This order simply forbids the threats, yelling, intimidation, and bullying of the petitioner by the respondent.
- Exclusion orders are types of stay away orders issued when parties reside in the same dwelling (the respondent is the only one expelled from the habitation by this order). When the Court is ascertaining whether to grant these exclusion orders, the person the home is deeded to or the name mentioned on the lease, or the one that takes care of the rent or mortgage, is usually found to be nonmaterial. Where you live, whether a Queens penthouse or a Westchester County split level house is also of little import.
- Following a hearing, or without a hearing whenever both sides assent, a Final Order of Protection will be issued. Petitioners are protected by temporary orders until the Court has granted the final order, or as soon as the case is retracted or released. The temporary order is granted the same day as the order is filed, before the order can be served to the respondent. These final orders will last no less than a year but are often stretched for 24 months or more; sometimes “aggravating circumstances” (involvement of weapons) can result in the Court extended an Order no more than 5 years.
- Respondents found to have Violated an order of protection, be it final or temporary, whether it's in Queens or Suffolk County, may be confined to jail by the Family Court Judge's order or if pronounced guilty of contempt of Criminal Charges brought against them.
Family Court protection Order or Criminal Court protection order?
Queens Domestic Violence victims have a difficult decision to make, “should I prosecute in the Family Court or the Criminal Court?” At present, these victims may have coexisting cases in both Criminal and Family courts. Queens Family Court has definitive requirements for the relationships of petitioners and respondents for an Order of Protection to be filed. They must: be parents of the same child, be related (by marriage or blood), have been or currently be married, or have had an intimate relationship. (Incidental acquaintances and normal socializing do not meet the specifications to be intimate relationships). Criminal Court is utilized for relationships that fail to meet the prescribed provisions for Family Court. If you are facing criminal charges, please call a Queens Criminal Lawyer
Your Queens County Family Lawyer can enlighten you about special courts established for unique cases of domestic violence allegations—one judge in these courts will cover a family with all cases concerning them. The New York City Counties—from Staten Island (Richmond County ) to Brooklyn (Kings County) —have specialized courts they call “Integrated Domestic Violence (or IDV) parts. If you are in this court and facing criminal charges, you may want to consult with a Queens Domestic Violence Lawyer.
The safety of a victim often is reliant upon an Order of Protection, and our Family Lawyers at Stephen Bilkis & Associates, PLLC are aware of this fact. Respondents who have an Order of Protection opposing them require an experienced Lawyer to help them, and this is where we step in. Our Westchester County Order of Protection Lawyers are very knowledgeable of the various elements involved, from the retribution of legal fees of petitioners to accessing your belongings without breaching the protective order. We can help you with all Family Law matters, like Visitations, Orders of Protection, and Divorce, all over New York State, including Westchester County and Brooklyn. Do not delay; dial 800.696.9529 for one of our efficient attorneys at our conveniently placed offices to assist you. Your initial consultation is free.