What Protections Can an Order of Protection Provide, and How Do You Obtain One?

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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