When individuals have been threatened or assaulted and need extra safety measures, a New York court may grant an order of protection. These orders can prohibit an accused individual from contacting the petitioner, restraining them from coming within a certain distance from their family and from specific locations in New York. If the alleged attacker violates an order of protection, they can be arrested and criminally charged. Working with a New York orders of protection lawyer is crucial when seeking or defending an order of protection to address the matter promptly and efficiently.
The legal landscape surrounding orders of protection is complex, and the details of each case are unique. A qualified New York orders of protection lawyer should have a thorough understanding of this area of the law, as well as an unwavering commitment to safeguarding the interests of their clients. They can provide comprehensive representation for both plaintiffs and defendants, guiding clients through any challenges that they may face.
Orders of protection can be issued in a variety of circumstances, including sexual abuse, domestic violence, and harassment. Those seeking protection can apply for a temporary order of protection at arraignment, requiring the accused individual to stay away from the alleged victim and their family. A New York orders of protection lawyer can be an essential resource to ensure immediate safety and can remain involved until a full hearing is held or until the defendant is acquitted or found guilty by a judge.
Those seeking a full order of protection must present a petition to the judge at a hearing, where they will describe the threats or violence that have been experienced. The judge will then evaluate the petition and evidence presented, and may issue a full order of protection. A New York orders of protection lawyer is highly advisable to have at the hearing to represent you and present your evidence on your behalf. If the judge approves the order of protection, he or she will sign it and give you several certified copies. You should carry a copy with you at all times, and serve the other party (or have it served by someone else) to maintain compliance with the order.
A knowledgeable, experienced New York orders of protection lawyer can help you understand the various options available to you when filing for an order of protection. They can explain how a temporary order differs from a permanent one, and which court has jurisdiction to review the matter. They can also help you fill out the necessary paperwork, advise you of any applicable filing fees, and provide valuable insight into how to properly gather and present your evidence in court, ensuring that you have the strongest possible case for the judge.
In cases involving violence, stalking, and harassment, New York law allows victims to seek relief by requesting protective orders, commonly called restraining orders. These types of orders prohibit or limit contact in any form and are available from both family courts and criminal courts. Violation of the terms of an order of protection can result in arrest and possible incarceration. When a family member or intimate partner violates the terms of an order of protection, working with a New York orders of protection lawyer is crucial to have experienced legal representation.
Typically, a family court judge will approve an order of protection in cases of abuse from spouses or domestic partners, blood relatives, parents of children in a household, current or former roommates, and those in an intimate relationship. The judge will consider all information in the petition, which typically includes sworn statements from witnesses who have witnessed incidents of abuse or violence. A New York orders of protection lawyer can help ensure that all necessary evidence, such as police reports, photographs, and medical records documenting injuries and treatment related to the alleged incidents, is properly presented to strengthen the case.
A restraining order can be either temporary or permanent. In the case of a temporary order, it may be issued on the same day that a petition is filed. A New York orders of protection lawyer can guide the alleged victim through the complexities of filing for a temporary order, ensuring that all legal steps are correctly followed for immediate protection. In the case of a permanent order, the judge will make this decision after a hearing, where the lawyer's skills in presenting the case can be pivotal.
The judge will look at all of the evidence, including what the petitioner told him or her during the sworn statement and whether there are any other reasons an order is needed. He or she will also consider the accused person’s history, past and present mental health problems. In addition, the judge will consider the extent of any harm or threats. Having a New York orders of protection lawyer present can help articulate the necessity of the order based on this evidence, enhancing the chances of a favorable outcome.
It is important for petitioners to prioritize attending their court hearings. Even if they do not plan to attend, it is a good idea to call the court ahead of time to confirm their scheduled hearing and to give any necessary information. A New York orders of protection lawyer can assist in managing court schedules and ensuring compliance with all court requirements. If a restraining order is granted against someone, it will be a major inconvenience and impact their everyday life for a period of time, potentially affecting employment and relationships.
The right to protection from domestic violence is important. However, the laws regarding orders of protection are very complex. A claim of domestic violence often involves conflicting accounts from both parties. Judges will give more weight to the testimony of the complainant. This can result in a full or limited order of protection. A New York orders of protection lawyer can help if you are subject to an unjustified or overly broad order of protection.
An experienced New York orders of protection lawyer can protect your rights if you are subject to an unjustified restraining order. A seasoned attorney can counter the false claims made in the petition and present a persuasive argument in your defense.
A New York orders of protection lawyer can also be a valuable asset in defending against false claims of domestic violence and/or sexual assault. It is not uncommon for a spouse to make a false allegation against a partner in an attempt to gain an advantage in the divorce process. In some cases, a spouse will knowingly make a false claim in an order of protection petition. If you are the victim of a false claim, it is essential to speak with an experienced restraining order defense attorney immediately. A skilled New York orders of protection lawyer can help you get the restraining order lifted and ensure your safety and privacy. Contact us today to schedule your consultation.
Moreover, navigating the nuances of New York's legal system with respect to orders of protection requires a deep understanding of both family and criminal law. A proficient New York orders of protection lawyer will guide you through the complexities of the court system, ensuring that your side of the story is heard and understood by the judges. This legal support is crucial, especially when dealing with the intricacies of evidential requirements and legal statutes that govern domestic violence cases.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060