Suffolk County Order of Protection
Specific New York courts can, as part of a Matrimonial/Divorce case or criminal matter, has the power to issue an Order of Protection. This court orders purpose is to help thwart continued harassment, domestic violence, assault, or stalking from occurring, is called an Order of Protection, which your Suffolk County Family Lawyer and/or Suffolk County Divorce Lawyer will help you understand. Your Family Attorney can help you decide if an Order of Protection is required in your Family Law or Criminal Law case—whether in Suffolk County or Brooklyn, and whether to defend yourself or if an Order was granted against you—a Suffolk County Order of Protection Lawyer can be there to direct you through this emotional and sometimes frustrating situation. Our Family Attorneys offer the initial consultation at no charge at Stephen Bilkis & Associates, PLLC, be it in Suffolk County or in Manhattan. We will begin with the basics outlined for you below thanks to one of the Suffolk County Order of Protection Lawyers on our team.
Key Terms and Concepts
- In Family Court, in Westchester County and Queens, just as in Suffolk County, the respondent is the subject of the Order of Protection. The petitioner is the individual seeking protection from the respondent.
- An order of protection which inhibits the respondent from contacting the petitioner, via email, phone call, in person meetings, third party communication, and letters is called a stay away order.
- A limited order or
- Do not harass order directs the respondent, not to harass, threaten, yell at, or intimidate the petitioner. It does not restrain all communication.
- A stay away order given to persons located in the same residence (which excludes the respondant from that home) is called an exclusion order. When making a ruling on these types of orders, the Court rarely finds it relevant who the home is owned by or who the house is leased to, by the same token the person that pays the rent or mortgage. Whether you live in a ranch house in Suffolk County or a split level house in Westchester County is not pertinent either.
- After having a hearing or—with dual consent—without a hearing, the final Order of Protection is granted. For the petitioner's protection until the Court can issue the final order or until the case is dropped or thrown out of court, a temporary Order of Protection may be issued. The temporary order may be approved even before the respondent is notified by service, the day the order is filed. The coverage period of a final order of protection is usually one year, but can last for two years and longer; cases in which a weapon is involved have "aggravating circumstances" in which a Court may find the order should extend for as much as 5 years.
- Respondents who Violate an order of protection, whether temporary or final, or in Suffolk County or Nassau County, can receive jail time by an order of the Judge of Family Court or if found guilty of criminal contempt from Criminal Charges brought against them.
Family Court, Criminal Court or both?
The choice of whether Family Court or Criminal Court or both Courts is the proper route of legal action that faces a victim of domestic violence. A victim needs to discuss which is the best path with their Suffolk County Family Lawyer.
Suffolk County Family Court has the following relationship requirements for petitioners and respondents when filing an Order of Protection: relatives (by marriage or blood kin), have a child together, intimate relationship, marriage (past or present). (Intimate Relationships are not qualified by casual acquaintances or typical socializing). Criminal Court is required for relationships that do not meet the requirements of Family Court. The criminal court requires the defendant to have a criminal charge. Those with criminal charges opposing them should contact a Suffolk County Criminal Lawyer
Your Suffolk County Family Lawyer will tell you about special courts established for some cases of domestic violence accusations—in these courts, the same judge will follow a family through every case that concerns them. Each New York City County—from Kings County (Brooklyn) to Richmond County (Staten Island)—has these special courts known as “Integrated Domestic Violence (or IDV) parts. There are Suffolk County Domestic Violence Lawyers who are familiar with this part.
Often, the key to protecting a victim is an Order of Protection, and Stephen Bilkis & Associates, PLLC are mindful of this fact. Respondents up against an Order of Protection need an experienced Family Attorney in their corner, which we can also provide. Our Suffolk County Order of Protection Lawyers are well versed in the many aspects involving these orders, from getting the legal fees of the petitioner paid to regaining belongings and not violating the protective order. We can help you with various Family Law matters, Divorce, Child Custody, visitation and Orders of Protection throughout the state of New York, including Long Island and New York City. Please call 800.696.9529 so one of our experienced Family attorneys at a conveniently located office can serve you. Our initial consultation is free.