If you’re dealing with threats, abuse, or harassment in Forest Hills, NY, getting an order of protection can go a long way towards keeping you safe. Working with an orders of protection attorney is the best way to quickly and effectively get this legal safeguard in place.

What Are “Orders of Protection?”

An order of protection is something a court issues to restrict the actions of someone who has threatened or harmed another. It’s often used in domestic violence situations, but there are other applications, as well. The idea is to put up a court-ordered buffer between the person asking for protection (known as a petitioner) and the person allegedly causing them harm (known as the respondent).

Basically, these orders can make something temporarily “illegal” for the respondent that would otherwise be fine for them to do or would be legal for someone else, such as stopping by the petitioner’s home for a visit or calling them on the phone. This reduces the contact between the two and gives the petitioner some space to control their situation. If the respondent violates the order, there are immediate consequences. They can be arrested, fined, given additional charges, and jailed, depending on the situation.

Types of Orders

There are different types of orders, each suited to specific circumstances. You’d typically go to Family Court in cases involving family members or intimate partners, and this is handled as a private civil matter. You’d go to the Criminal Court if you needed protection from someone who has committed a crime. Finally, the Supreme Court issues orders of protection as part of divorce proceedings.

Key Protections Offered by an Order

The main goal of an order is to stop a harmful behavior and provide practical safeguards for the petitioner. What that looks like exactly will vary depending on the specific circumstances. One common provision in these orders is a “stay-away” directive, which orders the respondent to keep a certain distance from the petitioner, their home, job, or school. This can be extended to cover family members of the petitioner, as well.

No-contact rules are also common. These prohibit the respondent from communicating through any means, whether directly through phone calls or emails or indirectly through friends. If the respondent lives with the petitioner, an order can require them to leave a shared home, even if their name is on the lease or deed. Courts can also order a respondent to surrender guns or prohibit them from buying new ones.

Getting a Protection Order in Forest Hills, NY With the Help of an Orders of Protection Attorney

The best first move is to talk with an attorney. Your attorney will help you figure out what to ask for, which court to petition, and then build your petition. If it’s an emergency, a lawyer can push for immediate temporary orders to be put in place. Your lawyer will also help you by gathering the evidce you need, like police reports, statements from witnesses, or medical records, and then putting it together to pressent a clear case for why the orders are necessary.

If you’re in New York and need help with any family law issue, contact the Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY for help anywhere in the larger Queens area.

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After a divorce in Forest Hills, NY, the court will establish a custody and parenting plan that’s in line with the best interests of the child involved. When one of the parents wants to relocate later, this can be a problem if it interferes with the established parenting plan. Whether you are looking to relocate or need to fight a relocation request by the other parent, talk to a divorce attorney right away.

Relocation Requests After Divorce in Forest Hills, NY

The standard for dealing with a relocation request will be the same as when originally establishing the parental plan: the best interests of the child. If the relocation is going to change the existing custody situation, there has to be a good reason for it. Here’s what the court will consider:

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Your will is one of the most important documents you’ll ever make. It details what will be done with your estate, and it protects your beneficiaries. But in order for your will to be valid, it must follow certain rules here in Queens, NY. Talk with a wills lawyer right away to get the help you need.

What Are the Essentials of a Valid Will?

Clarity 

The first essential is that your will be clear. You need to identify all assets you have, including not only your basic financial accounts and investments but also any real estate and personal property. If you want to leave something to a particular person or entity, detail exactly who is to receive what. Your will needs to name an executor to manage your estate after your death, as well, and it’s a good idea to talk to a lawyer about choosing the right person for this job. If you’re unsure whether you know someone who is willing to do it and also capable, you can designate a lawyer as your executor.

Formalities Observed

However clear your will is, if it is not properly formed and filed, it may not be valid, and it could be challenged or tossed out. The easiest way to make sure there will be no issues in probate is to make your will a self-proving one. This means you sign an affidavit affirming that it was properly made and that you are of sound mind and intended to make the will as it is written. You’ll have witnesses watch you sign this in front of a notary public, and then your witnesses and the notary public will attest that the will is genuine and that you are competent and understand your actions.

Your will needs to be in writing, and the witnesses need to sign it within 30 days of it having been written. Bear in mind that your witnesses cannot be beneficiaries. If they are, then any gifts you give to them in the will may be invalidated, and there can be other complications in court.

Queens, NY Wills Lawyer Oversight

While it is technically possible to do a will yourself, it’s rarely advisable except with the simplest and smallest of estates. Even with a simple and small estate, in fact, there’s still the possibility that a minor error in the process could mean that the entire will is declared invalid. And even if the will is good, without the advice of an experienced attorney, it’s easy to put something in your will that has an unintended consequence.

An attorney with experience can make sure your will complies with the law and also ensure that it is clear, can’t easily be challenged, contains clauses and provisions to prevent disputes as much as possible, and actually does exactly what you want. This is especially important if you have a blended family or a complex estate.

For help to ensure your will is valid, enforceable, and true to your wishes, talk to us now at the Law Offices of Joseph H. Nivin, P.C. in Queens, NY.

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New York has laws that are geared towards helping people avoid foreclosure whenever possible, but to access all your rights under the law and defend yourself, you should to talk to a local Forest Hills, NY foreclosure defense attorney as quickly as possible.

You should’ve gotten notice of intent to begin foreclosure at least 90 days before the process was begun. If you haven’t gotten that notice, then the first step your lawyer will take will be to bring the foreclosure process to a halt until this requirement has been followed. There may be other requirements, too. For example, there may be a terms in your mortgage contract that require you to be sent a certain letter, and federal law also requires that whoever services your loan must let you know specifically how to avoid foreclosure. If any of these steps have been skipped, you can buy some time.

Otherwise, there are various options available, and you definitely want to talk to an attorney to make sure that you’ve explored everything available to you. In general, some of the most common ways to avoid a foreclosure include filing for bankruptcy, reinstating the loan, or redeeming the property before it’s sold.

Reinstating the Loan

Under New York law, you as the homeowner have the right to reinstate your loan at any time before a final foreclosure judgment is made. If you’re able to pay off the amount you are in arrears, then in most cases you can just resume payments.

Redeem the Property

If you can pay the full amount of the loan before the property is sold under foreclosure, this is another option. It must be done before the property is sold, however. 

Filing for Bankruptcy

If you have a foreclosure sale coming up quickly and there’s nothing else you can do, declaring bankruptcy is a possibility. As soon as you file, an automatic stay goes in place that prevents the lender from foreclosing or continuing to pursue you for the debt until your bankruptcy is worked out. The stay goes into effect whether you file for Chapter 7 or Chapter 13 bankruptcy, and you’ll need to talk to an attorney about the best choice for you.

Request Forbearance or Modification

A final option is to request that the lender either temporarily suspend your monthly payments for a short time so you can catch up or modify the loan completely. Since the goal of most lenders is simply to get their money back, they are often amenable to the suggestion. If, for example, you have lost your job but have several prospects in the pipeline, the lender may be willing to suspend your monthly payments for six months until you’re able to get into your new job and start making payments again. If you’re facing foreclosure, there are options available to you. Contact the Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY for help in Queens and surrounding areas.

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Dealing with Child Protective Services (CPS) can be one of the most stressful experiences for any parent or caregiver. At The Law Offices of Joseph H. Nivin, P.C., we help families in Forest Hills, Queens, and Brooklyn navigate CPS investigations, hearings, and the legal system with clarity and confidence. Our goal is to ensure your rights are protected while guiding you through each step of the process. We know how overwhelming it can feel when CPS gets involved in your family’s life.

What Is Child Protective Services (CPS)?

Child Protective Services (CPS) is a government agency responsible for investigating reports of child abuse or neglect. In New York, CPS operates under the Administration for Children’s Services (ACS) in New York City and under local social service agencies in other counties.

When a report is made, CPS must assess the situation to determine whether a child is at risk. This may involve visiting the home, speaking with the child, and contacting schools, doctors, or relatives.

Why CPS May Become Involved

CPS cases often begin when someone makes a report to the State Central Register of Child Abuse and Maltreatment (SCR). Reports can be made by:

• Teachers, doctors, or other mandatory reporters
• Neighbors, relatives, or others who suspect abuse or neglect
• Law enforcement officers

Common reasons CPS becomes involved include:

• Allegations of physical abuse or neglect
• Concerns about unsafe living conditions
• Claims of educational neglect
• Substance abuse in the home
• Domestic violence exposure

What to Expect During a CPS Investigation

If CPS opens an investigation, you may experience:

• Unannounced visits to your home
• Interviews with you, your children, or other household members
• Requests for records, such as medical or school documents
• Safety assessments of your home environment

Investigations usually last 60 days. At the end, CPS will determine whether the allegations are “indicated” (supported by evidence) or “unfounded.”

Your Rights When Dealing With CPS

It’s important to understand that you have rights during the process:

• You do not have to let CPS enter your home without a court order.
• You have the right to consult with an attorney before answering questions.
• You can refuse to sign any documents without legal advice.
• You can appeal decisions made by CPS.

Having a family law attorney on your side ensures that CPS respects your rights and that you do not accidentally say or do something that harms your case.

How a CPS Lawyer in New York Can Help

At The Law Offices of Joseph H. Nivin, P.C., we represent parents and caregivers facing CPS investigations and Family Court proceedings in Forest Hills, Queens, and Brooklyn. We can help you by:

• Explaining your rights and options clearly
• Communicating with CPS on your behalf
• Preparing you for interviews and hearings
• Representing you in Family Court if necessary
• Working toward solutions that protect your family’s future

Serving Families in Forest Hills, Queens, and Brooklyn

We understand the unique challenges families face in New York City. Whether you live in Forest Hills, Queens, or Brooklyn, our team is ready to guide you through the CPS process and advocate for your family every step of the way.

Contact The Law Offices of Joseph H. Nivin, P.C. Today

If CPS has contacted you or your family, do not wait to get legal help. The sooner you act, the better your chances of protecting your rights and your children. Contact The Law Offices of Joseph H. Nivin, P.C. today for a consultation and let us help you move forward with confidence.

Tags: child custody nyc, child custody queens, cps, family law attorney, family law nyc
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When your child faces a juvenile charge in New York, you may be faced with innumerable questions and concerns about their future. Fortunately, New York law provides options to seal certain juvenile records. We help you understand the criteria, processes, and legal impact of sealing juvenile records under state law in Queens, NY. With the support of a juvenile attorney, you can look forward to the future with confidence, trusting that your family’s future is in competent hands.

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Child welfare law in New York involves a complex system of protective policies, court oversight, and legal advocacy. When the state, which has a lot of power, intervenes, the process can be overwhelming to all the individuals involved. If you’re involved in a case, whether as a parent, caregiver, or family member, you need a clear understanding of your rights and obligations under New York law. With the support of a child welfare attorney in Queens, NY, you can pursue the best possible outcome for your child’s future. 

From a Child Welfare Attorney in Queens, NY: Understanding the Complexities of Child Welfare Law

When someone reports suspected child abuse or neglect to the New York State Central Register, Child Protective Services (CPS) opens an investigation. You may face a home visit, interviews, and a risk assessment at that point. If CPS believes the child to be in any immediate danger, they may remove the child from your custody before a court hearing, but you have a right to a prompt hearing before a judge who will determine whether the removal was lawful and necessary.

Working With Attorneys for Children and CASA Volunteers

Children involved in abuse or neglect proceedings are represented by an attorney. This lawyer is independent of the court and CPS. When fighting against allegations of child abuse, parents will need to secure their own attorney. The court can provide an attorney to those who cannot afford to secure their own representation. 

In some cases, a CASA (Court Appointed Special Advocate) volunteer may also work on the case, offering additional support to assess the child’s needs at school, in therapy, and at home.

Preventing Removal and Supporting Family Preservation

New York courts favor family preservation in all cases where the child is not in danger. CPS may offer services like parenting classes, therapy, and supervised visits instead of removal. If a court determines that home-based intervention isn’t enough, your child may be temporarily placed with a relative or licensed foster family. Every placement decision must promote the best interests of the child’s safety, mental health, and emotional well-being.

Pursuing Appeals and Modifications in Child Welfare Cases

When a family court issues a decision in a child welfare case, you are not without further legal options. In New York, you can appeal a court’s ruling if you believe it was based on incorrect facts or legal errors. Filing an appeal gives you an opportunity to have the case reviewed by a higher court. Additionally, child welfare cases are not static, and changing circumstances can lead to different legal outcomes for you and your child.

If you make progress in a treatment plan, improve housing, or address safety concerns, you may petition the court for modifications to visitation, custody arrangements, or placement decisions. These legal avenues allow you to continue protecting your parental rights and ensure your child’s needs are met as family dynamics evolve. We guide clients through each step of this process to ensure that the child’s rights are protected. 
Whether you’re facing an investigation, attending court hearings, or seeking custody of a relative’s child, you need support from experienced attorneys who understand the nuances of New York’s legal system. Schedule a consultation with us today at The Law Offices of Joseph H. Nivin, P.C. in Queens, NY, where we protect your rights and advocate for outcomes that prioritize your child’s well-being.

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Paternity can be a sensitive subject, but it’s essential to be clear on this issue. Legal recognition of the father can have implications for custody, child support, and visitation. Challenging paternity in Forest Hills, NY is a complex area of law that typically requires court action. An experienced paternity lawyer can let you know what to expect and represent your rights throughout the process. 

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If you’ve been accused of child abuse or neglect, or suspect someone of abusing a child, contacting a child abuse attorney should be your first course of action. An attorney understands the justice system and can offer knowledgeable insight into your situation. The state of New York has an intricate definition of what constitutes child abuse and neglect, and it is wise to consult an attorney who is well-versed in this sensitive subject.

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Disclaimer: we are not tax professionals and do not provide tax advice. We encourage you to consult with a qualified CPA for tax assistance.

The child tax credit is a federal benefit designed to reduce the tax burden for parents raising children. After a divorce, the question of who gets the child tax credit in a divorce becomes critical. A New York divorce lawyer can help you understand the process. 

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