If you are seeking or fighting a New York Order of Protection, an experienced attorney can help. A New York orders of protection lawyer can ensure your rights are protected and that the Judge makes a fair decision.
A restraining order can have serious implications for your personal and professional life. It can restrict your contact with family and friends, your ability to get employment, and even impact your custody or access to children. Our team can provide you with an aggressive, experienced attorney who knows how to defend against any order of protection. When dealing with such critical issues, it is vital to have a knowledgeable New York orders of protection lawyer by your side.
The process for obtaining an Order of Protection can vary from county to county in New York, depending on whether the case is being handled by family court or criminal court. The Judge will then decide whether or not to grant you a full or limited order of protection, which may include financial relief (like emergency family maintenance), an order for the respondent to stay away from you and your home, and/or an order that you can retrieve personal items from the shared residence, regardless of whose name it is in. Consulting a New York orders of protection lawyer can help navigate these complex legal waters.
Once a temporary or final order of protection is issued, it is difficult to change it without going back into court. For that reason, it is important to consult with an experienced lawyer as soon as possible after your case begins. A New York orders of protection lawyer can provide the legal advice and representation needed to address such a significant legal matter effectively.
In a criminal case, the Judge typically issues a temporary order of protection at the arraignment hearing. This is called a “TOP” and the defendant has no opportunity to argue against it in this one-sided process, which is known as an ex parte TOP. Engaging a New York orders of protection lawyer early can provide critical insights and representation in these initial stages.
A TOP can be accompanied by a summons and notice to appear for an appearance in criminal court on specific dates, which will depend on the crime charged and whether it is being handled in a felony, misdemeanor or violation category. An experienced New York Order of Protection Attorney can explain what will happen next, and how your case might affect your civil rights and future employment if you are charged with a crime related to the allegations of abuse. A New York orders of protection lawyer can also assist in understanding and potentially mitigating these serious consequences.
If you have a protection order that is no longer necessary, you can file a petition asking the court to rescind the Order of Protection. A New York orders of protection lawyer can guide you through this process, ensuring that your motion includes a statement of reasoning and a sworn affidavit, signed in front of a notary. This affidavit must contain specific facts that support your request for rescission, showing that the abuse no longer exists and that a rescission will not harm you or negatively impact your pending family offense case.
The Judge will examine the Petition and the affidavit to see if there are grounds for rescinding the Order of Protection. The Judge may also ask questions to you about the incidents described in your petition. The Judge will then make a decision on your request to rescind the Order of Protection.
Depending on the circumstances, the Judge will either dismiss the petition and leave you with your original order or issue a new Order of Protection that includes additional restrictions. The Judge will also arrange to have the Respondent served with the final Order of Protection. It's important to have a New York orders of protection lawyer present during these proceedings to ensure that your rights and safety are prioritized. The Judge will not rescind your order by agreement between you and the other party; you must go back to court to ask the Judge to rescind your order.
When you file a petition to rescind your Order of Protection, the Judge will schedule a hearing to hear your reason for wanting the rescindment. The Judge will also set a date to have the Respondent served with the petition and request for a hearing. A New York orders of protection lawyer can help prepare you for this hearing and argue on your behalf. The Judge will only rescind your Order of Protection after you show the Judge that you do not need the protection from the other party.
At the hearing, the Judge will question you and the other party about why they want to rescind the Order of Protection and how their actions will not put you in danger. The Judge will also ask the prosecutor about the situation. The Judge will then make a decision right there in court.
If the Judge decides to rescind the order, the Judge will leave a copy of the affidavit and the Order of Protection with you. You should review it to be sure that the rescinded sections match your reasoning in your statement of reasoning. If you have any doubts, consulting with a New York orders of protection lawyer is best to ensure that all legal aspects are correctly handled.
If you violate your Order of Protection, the other party can notify the police, and they can arrest you for violating the order. This is true whether the Order of Protection was issued by Family or Criminal Court. If you are told to stay away from someone and then contact them by phone or text message, this will be a violation of the Order of Protection. This is why it is important to ask for help from a New York orders of protection lawyer.
Protective orders (sometimes called restraining orders) are official court documents that require individuals to stay away and stop communication with the person who filed for the order. While they are sometimes used by celebrities to keep obsessive fans at arm’s length, the vast majority of protective orders are filed in cases of domestic violence or stalking. In New York, the Family Court and the criminal court each have jurisdiction over the issuance of protective orders. Consulting with a New York orders of protection lawyer can help you understand and navigate these legal matters effectively.
In most cases, the petitioner can request a temporary order of protection in the Family Court. The judge will review the petition and decide whether or not there is a good reason to issue a temporary order. If the Judge determines there is, a summons will be drafted and a court date will be scheduled. At the court date, the Respondent will be served with the order and must appear in front of a Judge at that time. A New York orders of protection lawyer can assist in preparing for this crucial court appearance.
After the Judge hears your case, he or she will issue an order of protection which will include several different types of restrictions on the Respondent. For example, a typical order will instruct the Respondent to stay away from you and to refrain from contacting you in any way (telephone calls, emails, text messages, face-to-face meetings). If there is evidence that a physical injury took place during the incident, then the Judge may also include a provision prohibiting the Respondent from possessing firearms or other weapons. A New York orders of protection lawyer can provide guidance on the implications of these restrictions.
If a criminal or family court order of protection is in effect, then any violation of those terms can lead to substantial fines and even jail time. Defendants must be aware of all aspects of the order, and a lawyer can help to make sure that they are fully understanding how to comply with all of its terms. A New York orders of protection lawyer can help defendants comprehend and adhere to the specific terms of the order.
In addition, a criminal or family court order of protection can significantly impact any custody and/or visitation arrangements that are in place between the parties. Especially if a defendant and protected party have children together, or share custody, the issuance of an order of protection can dramatically change parenting schedules, including drop-off/pick-up times, visitation periods, and/or child-related activities. A defendant can also be prevented from attending their child’s sporting events or after-school activities and must have a guardian ad litem present to monitor any interactions between the children and the defendant during those times. In such complex situations, a New York orders of protection lawyer can be essential in navigating these changes.
Although the law requires that clerks of court provide copies of current orders to protected parties, there is a large discrepancy in how each county handles this responsibility and many people are unaware that they have a Criminal or Family Court order in effect. Even if they know that their behavior is prohibited, the defendant may be confused as to what is and is not a violation of an order of protection. Defendants often violate orders of protection, either by accident or because they don’t understand the parameters of the order. This is why a New York orders of protection lawyer can be so beneficial in this situation.
Law Offices of Jason Bassett, P.C. | Criminal Attorney and DWI Lawyer
320 Carleton Ave Suite 4200, Central Islip, NY 11722, United States
(631) 259-6060