How to Obtain an Order of Protection in New York

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.

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.

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