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New York Restraining Order Lawyer
In New York an order of protection, sometimes referred to as an “OP”, is a court order from a judge that restricts the relationship and contact between two or more people. It is commonly known as a “restraining order.” It can be used to prevent domestic violence.
How to Obtain a New York Order of Protection or Restraining Order in Family Court
An Order of Protection can be obtained in the New York Family Court, the person seeking the order must file a petition alleging that the respondent has committed a Family Offense.
What is a Family Offense?
Family Offenses are defined in § 812 of New York’s Family Court Act.
- disorderly conduct
- harassment in the first or second degree
- aggravated harassment in the second degree
- sexual misconduct
- forcible touching
- sexual abuse in the second or third degree
- stalking in the first, second, third or fourth degree
- criminal mischief
- menacing in the second or third degree
- reckless endangerment
- criminal obstruction of breathing or blood circulation
- strangulation in the first or second degree
- assault in the second or third degree or an attempted assault
- criminal obstruction of breathing or blood circulation or strangulation
Who is Eligible to Petition for an Order of Protection in Family Court?
The petitioner and respondent must:
- A married couple
- A divorced couple
- Have a child in common
- Be parent and child
- Be related by blood or marriage
- Currently in or previously in an “intimate relationship>”
Types of Orders of Protection in New York
Generally, there are two varieties or types of Orders of Protection.
- A “stay away” order of protection. This requires the Respondent to stay away from the Petitioner’s home, place of business and any other location or restriction the court may include. This can exclude the Respondent from the marital residence.
- A “refrain from” order of protection. This prohibits the Respondent from abusing, harassing or threatening the Petitioner.
Defense Against False Claims
Domestic Violence is a real problem, but people have filed false restraining orders in New York in hopes that it will help their divorce case or child custody cases. This is a horrible thing to do that not only hurts the person they are falsely filing against, but true domestic violence victims in New York. In these cases you need an attorney that knows the New York restraining order process to help you defend against it.
Suffolk County Order of Protection Lawyer
We understand the importance of having a skilled attorney who is familiar with the New York restraining order process. At the Law Office of Louis L. Sternberg, we specialize in handling cases related to domestic violence and restraining orders in Suffolk County. If you or a loved one has been a victim of threats or harm, it is crucial that you reach out to us to discuss obtaining an order of protection. We are also well-equipped to assist you if you have been wrongly served with an order of protection and need assistance in having it lifted. Our team is committed to providing effective legal guidance and strong advocacy to ensure the best possible outcome for your case.
Contact us now to discuss your Nassau or Suffolk order of protection. Our team of experienced Suffolk County lawyers represent and assist clients with all aspects of domestic violence cases. Get in touch with us through our online intake form or by phone at (631) 600-3295 to schedule a same day consultation with a top Long Island Order of Protection Lawyer.