A Protection Order Is a Time Sensitive Matter. Call (212) 588-1002 for Help!
We represent clients seeking orders of protection at family court and the Supreme Court. The scope of our legal counsel encompasses filing petitions, preparing clients for court hearings, and enforcing violations.
What is a Protection Order?
An order of protection is also known as a restraining order. It limits the amount and type of contact a person may have with someone else, and it also prohibits certain actions. An order of protection may forbid a person from contacting another person by mail, phone, email, social media, or other communication platforms, as well as force a person to stay a certain distance away from another person’s house, school, or workplace. If a defendant violates the protection order, he or she may face harsh penalties.
Understanding the Types of Protection Orders
There are two types of protection orders: temporary and permanent. Temporary orders of protection are granted without having to provide evidence of violence or criminal conduct. This order will stay in effect for a limited time, and can be extended for the duration of the hearing. However, once the case is concluded, the temporary restraining order will be voided.
That is when a permanent order of protection may be enacted. The judge will examine the evidence from both sides in a formal hearing process, and will determine whether to grant a permanent restraining order. These orders are typically granted for a period of 1 year, but may be extended for up to 5 years if the circumstances warrant.
Obtaining an Order of Protection
An order of protection can be obtained through filing a petition with family or Supreme Court in the client’s county. Following the submission of the petition, a judge can issue a temporary order of protection until a full court hearing can be held. During the order of protection hearing, the petitioner and the respondent will have the opportunity to testify and explain why an order should or should not be granted. The judge will evaluate the merits of the presented evidence and testimony then proceed with either issuing a final order of protection or not.
In order to obtain an order of protection, you must prove:
- You have a significant relationship with the person
- The person committed criminal acts against you
If you are concerned for your safety or the safety of your children, an order of protection can provide a legal remedy. Once a protection order is enacted, it may be modified to allow for certain communication with regards to visitation rights, and either person may request the court to change the order.
Furthermore, if you want to extend the order past its expiration date, you must show a good cause for the extension. Our New York City orders of protection attorneys have 20+ years of experience representing clients in protection order cases, and can work hard to build your case.