Family Court Orders of Protection in NYC
When are domestic violence restraining orders issued?
There three primary circumstances under which a person in New York City might be given an order of protection against domestic violence. The first is when a victim of domestic violence goes to court with a petition to request a Family Court Order of Protection based on evidence that he or she has been subjected to some type of abuse or violence on the part of a spouse, partner or family member, and is in fear of continued mistreatment. Another common scenario is when the abuser has been arrested after a domestic violence incident, in which case he or she will normally be served with a restraining order as a condition of early release from jail. It is also possible to petition for a Supreme Court Order of Protection in the event that you are involved in pursuing a divorce and want a legal buffer between you and an abusive spouse while you wait for the process to be finalized.
Powers of an Order of Protection
Domestic violence restraining orders typically have wide ranging provisions which provide the victim with extensive protections against the abuser. To begin with, the order can prohibit the abuser from engaging in any further acts of violence or abuse, as well as ordering him or her to refrain from contacting the victim in any way. The abuser may be required to move out of a shared residence, regardless of whose name is on the lease or the deed, and to come home to retrieve his or her possessions only with a police escort. The victim may be awarded temporary child custody and child support, as well as being awarded attorney's fees for the cost involve in petitioning for the order. The abuser may even be awarded to attend a batterer's treatment program and to surrender any firearms to local law enforcement for as long as the order remains in effect.
Assistance with Obtaining a No-Contact Order
If you have been subjected to any type of domestic violence, ranging from harassment, stalking and menacing, to forcible touching, sexual abuse, assault or sexual assault, you can come to the Law Offices of Andrew J. Spinnell, LLC for help in petitioning the family law court for an order of protection. We can help you whether you are involved in getting a divorce or if you want a restraining order against a boyfriend or girlfriend or domestic partner. We can also help you petition to have a temporary order extended to a final order which may last for as long as five years and which may require the abuser to pay you up to $10,000 in restitution as well as paying for any medical treatment you may have had to receive as a result of your abuse. A New York City family law attorney from our team can help you prepare your petition with evidence to prove your case, as well as speaking on your behalf in court and working to resolve any complications which could otherwise cause your petition to be denied.
How We Can Help You Contest One
Our firm also represents individuals who have been accused of domestic violence and who need help in getting their affairs back in order. Domestic violence allegations can have a devastating impact on every aspect of your life, and if you have been served with an order of protection you may have been forced out of your home, prohibited from going certain places in the community and you may even have been denied custody and rights of visitation with your children. By bringing a petition to court which claims that the order is not justified, it may be possible to have it modified or even lifted entirely. The burden of proof in the case is on the alleged victim to establish that the order is necessary for his or her protection. Contact our firm now for a free consultation to tell us your side of the story and learn more about how we can help.