Orders of Protection in New York
Protecting Yourself Against Domestic Violence
If you are seeking a divorce because you have suffered
domestic violence from your spouse, you should consider getting an order of protection for
your safety and peace of mind. When you have a legal buffer between you
and the abuser, it will be easier for you to focus on putting things in
order so that you can make a fresh start in life. A New York divorce attorney
from Eiges & Orgel, PLLC can consult with you about your case to see
if you may qualify for protection and help you file with the court to
receive an official order.
How do I obtain an order of protection?
When the police are called on a report of domestic violence, they will
normally issue a temporary protection order to prevent contact and further
abuse. This will last until the court hearing, where the respondent (the
person subject to the order) has an opportunity to challenge the case.
You will also have a right to request that the judge issue a final order
of protection, which could last for up to five years.
When such an order has been made, the abuser may be ordered to:
- Leave your home, even if their name is on the lease
- Stay away from you and members of your household
- Stay away from your workplace and your child’s school
- Stop calling, writing or emailing you and your children
- Give up all of their guns, even if they are registered
- Attend a batterer’s program and/or counseling
You will also likely be awarded child custody, and you can request that any
visitation be supervised. You will also probably receive temporary
child support. If you need help securing an order of protection against your abusive
spouse, it is highly recommended that you retain counsel from a New York
City divorce lawyer at Eiges & Orgel, PLLC. We have been helping families
throughout the state for more than 35 years.
Can I file a restraining order against someone other than my spouse?
In New York, you can obtain a family court order of protection against
anyone with whom you have, or have had, an intimate or domestic relationship.
This means that you can seek protection against:
- Your current or former spouse
- Someone with whom you have a child
- Your current or former boyfriend / girlfriend
- Someone with whom you have an “intimate relationship”
- Family members related by blood or marriage
Family court orders of protection differ from those issued in criminal
proceedings, as criminal orders of protection can only be issued as a
condition of a person’s release and/or bail.
How Domestic Violence Could Affect Your Divorce
If you have sought protection against your current spouse for reasons of
domestic violence or abuse, the court may take this into consideration
divorce proceedings. Whether you or your child was the target of your spouse’s
abuse, it is likely that the family court will rule in your favor when
it comes to deciding the matter of
child custody. The judge may still grant the other parent limited visitation rights,
but a skilled child custody attorney from Eiges & Orgel, PLLC can
fight to ensure that these visits are supervised.
Don’t Wait to Act – Contact Eiges & Orgel, PLLC Immediately
You don't have to wait until the police are called in to receive a
protection order. A family law attorney from our firm can also help you
file a petition in court if you believe that you need to sever contact
with your former spouse. At
Eiges & Orgel, PLLC, we understand how stressful it can be to live as the victim of harassment
and domestic violence. One of our lawyers will work closely with you throughout
the case, giving you the understanding and compassionate guidance that
you need during this difficult time.
Contact a New York divorce lawyer at our firm
if you need to get a restraining order.
We will start your case with a
no-cost, comprehensive case evaluation.