2 Myths and a Fact About Family Law Cases [VIDEO]

Are you in the Forest Hills, NY, area? Are you concerned about your physical safety? An orders of protection attorney may be able to help. File a Petition with the Relevant Court An Order of Protection is a document issued by a court to protect one person from another's harm or threats of harm. To obtain an Order of Protection in New York State, you must file a petition in the court that handles the type of situation you are dealing with. If you have a family or intimate relationship with the person you are seeking to be protected from, then you should file with a Family Court. You can find your local Family Court on the New York courts website. Forms are available on the Family Court forms website. If you are in immediate danger, always call 911 and only after that your lawyer, if you're able. more If the person you need to be protected from has been charged with a crime, then the District Attorney will request an order of protection from the criminal court handling the case. If you are involved in a divorce or separation case, you can request an order of protection from the court as part of the civil proceedings. This is not commonly done, but can happen in cases of marital dispute. If there is no crime involved, and you have no family or intimate relationship with the person, you may need to file a civil complaint for harassment. What If I Am in Immediate Danger? You can request that the court grant a temporary order of protection and give your reasons. At some point later, a judge will hold a hearing, which you are required to attend. If you fail to attend the hearing, the temporary order will expire. If the other person fails to attend the hearing, the judge may issue a default judgment in your favor. A final hearing will result in either a request for evidence from both sides to determine the facts of the situation or in a final order of protection. A final order of protection generally lasts two years from the date it is issued. It may be extended as long as five years if there is good cause, which can be because of something like physical injury or repeat violations. Consult an Orders of Protection Attorney in Forest Hills, NY If you are in need of a protection order, chances are you are not in a good place mentally or emotionally. An attorney can help you think through your legal options objectively and advise you as to your best course of action. They can assist you in identifying which court you need to file the petition with, and if necessary, represent you in court. If you need help with getting an order of protection, reach out to the Law Offices of Joseph H. Nivin, P.C., in Queens, NY.

If you're dealing with a divorce, custody, or other family law matter in New York, you don't always need to end up in court. Arbitration is an alternative that might be a preferable option. Your family law attorney in Forest Hills, NY can represent you during the arbitration process. This guide will explain how arbitration works and how it's used within family law. What Is Arbitration? Arbitration allows both parties to have their side of the argument heard without going to court. An individual will be appointed to preside over the arbitration. This individual is known as an arbitrator and has a role similar to a judge. The arbitrator will listen to the evidence presented by both parties and reach a decision. Arbitration works very much like a court trial but is heard privately. Evidence will be presented and witnesses will provide their testimony in front of the chosen arbitrator. more How Is an Arbitrator Chosen? An arbitrator is usually a retired judge or an experienced attorney. Both parties must agree on the arbitrator to use. This provides an opportunity to choose someone with particular knowledge in the specific area that is being disputed. Is Arbitration the Same as Mediation? Arbitration and mediation are similar in that both are a form of Alternative Dispute Resolution (ADR) that can be used in family law. However, there are some key differences that set them apart. Mediation requires an agreed outcome between both parties, with the mediator holding no powers of judgement. Arbitration takes place in lieu of a court case with a judge. The arbitrator has the authority to make a decision, which is typically binding on all parties. Unlike mediation, in arbitration the two parties are not required to come to an agreement, as this is the role of the arbitrator. Can All Family Law Cases Use Arbitration? The New York courts encourage everyone to use ADR wherever possible, including arbitration. Some cases of arbitration may even be ordered by the courts. However, arbitration can't be used in all family law cases even if both parties would prefer to use it. Your lawyer will be able to advise whether your case is suitable for arbitration. Even if arbitration can be used, there may be special terms that apply. For example, any arbitration on custody, visitation, and child support may not be considered as legally binding. In practical terms, the court will almost always approve an arbitration decision, but will check to be sure it follows state laws and keeps the child's best interests primary. Is a Family Law Attorney in Forest Hills, NY Required for Arbitration? It is highly advisable to have an attorney to represent you during arbitration. This is because there are many similarities to a court case, even though the evidence will be heard in private. Testimony will be given under oath, and there will be opportunities for cross-examination. Without an attorney to represent you, there's a very real risk that you might not get the outcome you want. We have many years of experience in dealing with all aspects of family law, including arbitration. To get dedicated advice from a lawyer who cares, get in touch with our team here at The Law Offices of Joseph H.Nivin in Queens, NY today.

Whether you're going through a divorce, protecting your child, or trying to grow your family, dealing with family law issues is a stressful experience — especially when children are involved. Your Forest Hills, NY family attorney will deal with your case empathetically, helping you to understand your rights and navigate the court system confidently. Understanding Your Rights in Family Law Cases Types of Family Law Cases The Family Court and Supreme Court typically handle cases involving families and children in New York State. You may find yourself working with the courts for a variety of cases, including: Adoption Custody Visitation Child support Paternity Divorce Crimes committed by children more Right to Counsel In New York State, parents have a right to counsel in many situations, including when facing losing custody of their child or dealing with criminal charges. New York case law provides for your right to representation with the understanding that matters involving children, especially when the child may be separated from a parent or family, are too important to handle without a lawyer. A skilled family law attorney will work with you to present your case in the best way possible, ensuring that both your and your children's rights are protected. It's important to communicate all of the facts of your case when speaking with your legal team so they can advocate effectively for you and your family. Right to Refuse Engagement In some non-violent juvenile delinquency cases, a probation intake worker may interview the accuser, accused child, and police to see if the matter can be resolved outside of court. In this case, you cannot be forced to participate in an interview. Right to a Hearing Depending on the nature of your case, you may end up participating in a fact-finding hearing to determine if the stated facts of the case are true, and then a dispositional hearing to determine the legal remedy. In cases involving child support, New York State guarantees a right to a hearing for all parties involved in the case, including when one party is charged with violating a support order. Right to Appeal If the court comes to a conclusion that you think is legally incorrect, you should speak with your attorney to decide whether to file an appeal. This is a request for a higher court to review the decision of the Family Court. You have the right to file an appeal for 30 days after the lower court's decision is served to either both parties or your attorneys. Talk to a Family Attorney in Forest Hills, NY We know that dealing with family law can be among the most challenging situations you'll encounter, and we're here to help. Our attorneys will handle your case skillfully and compassionately so you can focus on moving forward in the best way for your family. You don't have to deal with your family law case alone. If you're in Forest Hills, or elsewhere in New York or Connecticut, contact our experienced team at The Law Offices of Joseph H. Nivin, P.C., to schedule a consultation today.