How To Obtain An Order Of Protection In New York

How Can Our Suffolk Divorce Lawyer Help You?

A surprisingly large number of Americans deal with abuse each year. This can be a very difficult and emotional experience but finding a way to prevent this is important to the well-being and health of thousands across the country. It can sometimes be a difficult decision but an order of protection may be your safest option. At Simonetti & Associates, a Suffolk Divorce Lawyer, we work with you to figure out your most ideal and safe options.

What is an Order of Protection?

The legal order of protection is a document that protects you from someone who has abused you or someone that you think may abuse you. The order of protection enforces the fact that your abuser or potential abuser cannot come into contact with you or any of your household members as well as your workplace, home, or child’s school. It will also allow you to collect your belongings with police protection if you need to do so as well as pay your lawyer and any damages caused to you. 

When Should I Consider an Order of Protection?

An order of protection is a very serious matter which is why it is important to know when you should consider it. Many factors determine when and if you should file:

  • You are 17 years old or older.
  • You have been abused by a spouse, partner, or someone who you are blood-related to.
  • You are being stalked.
  • You have children with the individual

If any or all of these factors fit your situation, you must reach out to a lawyer to ensure your safety. Our Suffolk Divorce Lawyer works with many individuals who fit into this category and work effortlessly to make sure they receive their protection.

How Does it Work?

There are two types of order of protection to get a Family Court order of protection; you would go to either the Family Court or the Probation Department. Family Court requires you to fill out a family offense petition. This is something that the Probation Department can help with. The Probation Department helps individuals to fill out the order of protection petitions. Once you have filed the petition, you will appear in court. A judge will look over the petition and decide if an order of protection is appropriate. The order of protection usually lasts for a year but sometimes they can last up to five years. If anything in your situation changes then you can bring it up with the court to change your order of protection.

Contact Our Suffolk Divorce Lawyer

Having a court issue an order of protection is a very serious matter whether it be within the criminal court or family court. Order of protection is very important and is a great way to ensure your safety if you ever feel threatened. Having an experienced attorney in your corner to guide you through the process of obtaining one is also extremely helpful. Contact our Suffolk Divorce Lawyer today to hear your options and ensure your safety.

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