Long Island Orders of Protection Lawyers Work to Ensure Your Safety.

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 to 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 activity. 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 that your alleged abuser does not attend. A judge reviews your petition, hears your statement, and 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.