Contact a New York Order of Protection Lawyer at 888-501-3292 today for a Free Consultation.
During your divorce, family court proceeding as well as during a criminal case in New York, the courts have authority to issue an order of protection.
Orders of Protection are court orders issued in an effort to put a stop to abuse, harassment, stalking, or other types of violence. When your Family Law or Criminal Law case involves an Order of Protection—regardless if it’s in New York City or anywhere else in New York State, and regardless whether you’re seeking the order for your protection or are the subject of one—you’ll need the help of a New York Order of Protection Lawyer in navigating this often very emotional and complex time.
- If you are the person who is seeking to get an Order of Protection in Family Courts in any part of New York City area such as Long Island, Brooklyn, Manhattan, Queens or the Bronx, you are the petitioner.
- You are the respondent if you’re the person against whom the Order of Protection is being sought.
- The type of order of protection which will prohibit a respondent from any type of contact at all with a petitioner—from a phone call to a letter, an email, or any third-party communication—is known as a stay away order or full order of protection.
- A limited or do not harass order of protection or won’t prohibit having contact or any communication between a respondent and a petitioner. It does, however, require the respondent not to yell at, to intimidate, to threaten, or to harass the petitioner.
- A stay away order that is granted to any parties residing within the same house (or apartment) is an exclusion order (because it is going to exclude a respondent from this home). The Family Court generally does not consider it relevant which of the parties owns this home, which of their names is on a lease, who has been paying the rent or mortgage. Also irrelevant is whether you live in a New York townhouse or a Staten Island rental.
- Your final Order of Protection gets granted after the hearing. With the consent of both parties, it may also be granted without a hearing. The court may grant a temporary Order of Protection to protect the petitioner until a final order has been granted. This temporary order of protection may be granted the day an order of protection is filed—even if it is before a respondent has been served. The final order typically will be valid for at least 1 year. It can also be extended to 2 years or longer. Further, a Court finding that “aggravating circumstances” exist—possibly that a weapon was involved, for example—the Order of Protection might be good for up to five years.
- When a temporary or final order of protection is violated, in New York or in Nassau County just like elsewhere, the punishment can include jail time, by order of a Family Court Judge or if any Criminal Charges have been brought and a defendant is found guilty of criminal contempt .
At The Law Offices of Mindin & Mindin, P.C., we realize that securing an Order of Protection helps protect victims. Further, we are experienced in handling situations where you’re the respondent to an Order of Protection. Any New York Order of Protection Lawyer in our office recognizes that there may be many aspects to your Order of Protection case, to retrieving your belongings from a house you’ve been excluded from to paying the other party’s attorney’s fees. Call 888-501-3292 to meet us for free initial advice at our offices in the New York Financial District area. We will share with you our knowledge and handle your case with professionalism at an affordable rate.