Westchester County Order of Protection
The Courts all over New York State can, for your matrimonial matter, Family Court action or criminal case, grant an Order of Protection. OP’s as they are sometimes called, are Court Orders which help end harassment, abuse, violence, or sexual assaults, stalking, are called Orders of Protection, which your Westchester County Family Lawyer and/or Westchester County Divorce Lawyer will expound upon. Your Family Attorney will help you determine if you need an Order of Protection for your Criminal or Family Law case—whether in Westchester County or in NYC or on Long Island, and whether to shield yourself or if you have an Order against you—a Westchester County Order of Protection Lawyer can advise you through the emotions and frustrations of these situations. Our Westchester Family Attorneys will offer an initial consultation for no charge here at Stephen Bilkis & Associates, PLLC, if you are in Westchester County or in Manhattan. We will start with the basic elements outlined for you thanks to a Westchester County Order of Protection Lawyer on our team.
Key Terms and Concepts
- In Family Court, in Nassau County and the Bronx, just as in Westchester County, respondents are the focus of the Orders of Protection. Petitioner are individuals seeking safeguarding from the respondent.
- Orders of protection which inhibit the respondent from communicating with the petitioner, via email, in person meetings, phone call, communication via third party, and letters are called stay away orders.
- Limited orders or
- Do not harass orders direct the respondent not to yell at, harass, threaten, or intimidate the petitioner. It doesn't restrain all communication.
- Stay away orders given to people staying at the same residence (which disallows the respondent from that dwelling) are called exclusion orders. When having to make a ruling on these kinds of orders, the Court seldom finds it applicable who holds the deed to the house or who the place is leased to, furthermore those paying the mortgage or rent. Whether you reside in a two family house in Queens or a sprawling estate in Westchester County is not material either.
- Following a hearing or—with mutual consent—without a hearing, a final Order of Protection shall be granted. For the protection of the petitioner until the the final order is issued or the case is discontinued or rejected, a temporary Order is issued. Temporary orders might be approved before the respondent is even notified via service, the same day the filing of the order occurs. The duration of a final order is typically one year, but can go on for two years or more; situations in which weapons are involved are called "aggravating circumstances" and a Court may grant the order for as long as 5 years in these cases.
- Respondents Violating an order of protection, be it temporary or final, whether it's in Westchester County or Suffolk County, can be sentenced to jail by the Judge of Family Court by an order or if they are found guilty of contempt on Criminal Charges that have been brought against them.
Which Court: Family or Criminal ?
Tough decisions for victims of Domestic Violence: prosecute in Criminal Court or take action in Family Court or move forward in both courts. Presently, victims can have coexisting claims with both the Criminal and Family courts. Westchester County Family Court has specific relationship requirements for the petitioners and the respondents when an Order of Protection is filed. They must: be relatives (by marriage or blood), be parents of a child together, have had intimate relationship, be or have been married. (Casual acquaintances and typical socializing do not qualify as intimate relationships). Criminal Court is appropriate for other relationships that don't meet the prescribed requirements of Family Court. Those facing criminal charges need to contact a Westchester Criminal Lawyer
Your Westchester County Family Lawyer can educated you about some special courts that were established for certain cases of domestic violence professions—the same judge in these courts follows a family through each case concerning them. All of the New York City Counties—from Brooklyn (Kings County) to Staten Island (Richmond County )—have these specialized courtrooms called “Integrated Domestic Violence (or IDV) parts. If you find yourself a defendant in IDV call a Westchester Domestic Violence Lawyer.
So often, the key to safeguarding a victim is the Order of Protection, and Lawyers with Stephen Bilkis & Associates, PLLC are cognizant of this fact. Respondents with an Order of Protection opposing them need an experienced Lawyer on their side, which is where we come in. Our Westchester County Order of Protection Lawyers are knowledgeable of the many elements regarding these orders, from the payment of the legal fees of the petitioner to regaining your belongings and not breaching the protective order. We are here to help you with all manner of Family Law matters, Child Custody, Divorce, Child Support and Orders of Protection all across the state of New York, including Westchester County and New York City. Please dial 800.696.9529 and one of our competent Family attorneys at a conveniently placed office can assist you. Your first consultation is free.