Long Island Orders of Protection Lawyers Work to Ensure Your Safety
Helping victims of domestic violence
In today’s society, orders of protection are often necessary to keep divorce and family law disputes from escalating into even greater conflicts. Unfortunately, parties to divorce also use them to discredit the other during heated child custody battles. Since 1990, Simonetti & Associates has helped clients across Long Island with a reasonable fear for their safety obtain orders of protection from the New York courts. We have also helped those wrongly accused of abusive or threatening behavior protect their reputations. Whether you’re seeking the court’s protection or looking to clear your good name, Simonetti & Associates can provide the effective, cost-efficient legal assistance you need.
What is an order of protection?
An order of protection, also known as a restraining order, is a legal document that restricts an abuser from having contact with you. You can ask for an order of protection if you have been abused or fear abuse. The document usually orders the alleged abuser to stay away and stop harassing you. Some of the specific restrictions include orders for the abuser to:
- Stay away from you and any of your household members who the court decides need protection
- Stay away from your home, workplace, child’s school or any other place required by the court
- Pay your lawyer for services related to the abuser’s actions
- Allow you to collect your things, with police protection, from the abuser’s home
- Stop calling, writing, texting or emailing you
- Go to an intervention program or drug and alcohol abuse treatment program
- Surrender guns or other weapons
It is a crime to violate a temporary or final order of protection. You can call the police and report such action. The police will likely arrest the individual for violating the protection order.
Determining the type of protection order you need
Different courts issue different types of protection orders:
- New York Supreme Court: During a divorce proceeding, the court may issue an order against one of the spouses.
- Family court: This court may issue an order to protect you from abuse by:
- Your spouse
- Your former spouse
- Someone related to you by blood or marriage
- Someone with whom you have a child
- Someone with whom you have been in an intimate relationship
- Criminal court: If a person has been arrested (or a warrant has been issued) for domestic abuse, the criminal court may issue an order of protection while criminal charges are pending.
Filing for a protection order
To obtain a family court order of protection, you must petition the court and attend a hearing, which your alleged abuser does not attend. A judge reviews your petition and hears your statement, then decides whether to issue a temporary order. To obtain an extended order, you must return to court. The alleged abuser then has the opportunity to rebut your accusations. Our experienced family attorneys capably manage representation for parties seeking restraining orders and those named in the order, who have the right to give their side of the story.
Protection from protective order abuse
Depending on the nature of the protection order, the issuance may affect child custody and visitation rights. The court has the authority to deny custody and to restrict visitation if it perceives a threat to the child’s health, safety or welfare. As a result, we often see parties in bitter divorces attempt to use orders of protection to undermine our clients’ standing before the court. This is a practice we vigorously oppose.
Contact our Long Island, NY divorce law firm for a free consultation
Simonetti & Associates can answer any questions you have regarding orders of protection. If you are seeking quality legal representation at an affordable price or are dissatisfied with your current legal representation, call 877-385-2560 or contact us online to schedule a free initial consultation. Our main office is located in Woodbury, and we have a second office in New York for your convenience. We offer flexible office hours and return your phone calls, promptly, even after hours.