Staten Island Order of Protection Lawyer
During the process of a family court dispute or a Matrimonial matter as well as in criminal cases, New York courts may issue orders of protection. Your Staten Island Family Lawyer,/a> and/or Staten Island Divorce Lawyer will point out how Orders of Protection are orders issued by the court to stop persistent assault, stalking, harassment, domestic violence, abuse or even in some cases petite larceny from taking place. If an Order of Protection is necessary for your Criminal Law or Family Law case—whether your residing in Staten Island or in Manhattan, and whether your protection requires it or someone has issued one against you—your Family Attorney or Criminal Lawyer will direct you to a Staten Island Order of Protection Lawyer to guide you in negotiating this emotional situation which also can occasionally be confusing. Stephen Bilkis & Associates, PLLC has Staten Island Family Attorneys who offer free consultations, for those in Staten Island and in New York City. Let’s begin with the following outline of the basics created for you by a seasoned Staten Island Order of Protection Lawyer with our team.
Key Terms and Concepts
- In Manhattan and Queens, just as in Staten Island, the petitioner is an individual who seeks an Order of Protection in Family Court. The Order of Protection is sought against a person called the respondent.
- The stay away order prohibits any contact including email, meetings in person, third party communication, phone calls, and letters between respondent and petitioner.
- Limited orders of protection or
- Do not harass orders don’t prohibit contact or communication with the petitioner. But it does forbid threats, yelling at, harassment, or intimidation of the petitioner.
- Exclusion orders are stay away orders given to parties abiding in the same domicile (the order bans the respondent from house). When trying to decide if exclusion orders should be granted, the party with ownership or the name listed on the lease is most often found to be irrelevant by the Court, as is those responsible for making rent or mortgage payments. If your Nassau County home is split level or if it’s a Staten Island penthouse is irrelevant as well.
- Final Orders of Protection may be issued following the hearing or without one, if both sides consent. Temporary Orders of Protection are designed to protect petitioners until final Orders of Protection are issued by the Court, or the withdrawal or dismissal of the case. Temporary orders can be granted the same date a protective order is filed, and even before the papers can be served on the respondent. Typical final orders stand for at least twelve months but may extend for twenty four months or greater; if “aggravating circumstances” (for example, involvement of a weapon) are present and made known to the Court, the Order can be allocated for as much as sixty months.
- Violation of orders of protection, whether final ones or temporary orders, in either Staten Island or any place in New York, violators may receive time in jail by order of the Family Court Judge or Criminal Charges may be filed and if proven at fault of criminal contempt.
Criminal Court or Family Court Order or Protection?
Staten Island Domestic violence victims face the decision to file charges in criminal court or to file in Family Court or in both Criminal Court and Family Court. Orders of Protection in the Staten Island Family Court may be applied for if both respondent and petitioner are or have been married, are related (by blood or marriage), have had an intimate relationship, or have parented a child (Ordinary socialization or casual acquaintances do not constitute intimate relationships). You must obtain Orders of Protection against anyone else through Criminal Court if criminal conduct occurs. Please locate a Staten Island Criminal Lawyer if you have criminal charges against you.
Your Staten Island Family Lawyer can point out to you cases concerning domestic violence allegations may be directed to special courts on occasion—in these courts, one judge hears all cases involving one family. These courts were established specially in the Counties of New York City—from Manhattan (New York County) to Staten Island (Richmond County)—and are designated as “Integrated Domestic Violence” (or IDV) parts. These parts only deal with domestic violence related offenses so if you are charged with a crime in this part contact a Staten Island Criminal Lawyer
Staten Island Family Lawyers at Stephen Bilkis & Associates, PLLC understand how Orders of Protection can be a victim’s key to protection. If you find yourself as the respondent served with and Order of Protection, we have the experience to help you. Our Staten Island Order of Protection Lawyers are accustomed with the various aspects of these orders, from getting access to personal belongings without disobeying an order to compensation of the petitioner’s legal fees. Our Family Lawyers have beneficial knowledge of many Family Law matters, from Guardianship of Children to Dissolution of Marriage, throughout the State of New York, including Long Island in both Nassau County and Suffolk County as well as NYC and Staten Island. Call 1.800.NY.NY.LAW (1.800.696.9529) today to speak with our office. We have many offices in which you can receive a free consultation.