Orders of Protection
Domestic violence is an issue that sadly affects many households in New York. Unfortunately, many of these cases go unreported and may result in serious injury or even death for the person who is being abused. Fortunately, there is help for abuse victims in the form of an Order of Protection. This Order serves to stop the abuser from contacting or coming within a certain distance of the victim he or she has been accused of harming, harassing or threatening to harm.
There are two forms of an Order of Protection that a victim can pursue from the courts in order to stop further abuse from occurring in cases of domestic violence, stalking or harassment. The parties need not be married or even live together.
- "Refrain from" order: this type of order prohibits the abuser from continuing to threaten, harm or harass the victim.
- "Stay away" order: this type of order, in addition to prohibiting the abuser from continuing to threaten, harm or harass the victim, also prohibits the abuser from coming within a certain distance of the victim's residence or place of employment. Thus, if the parties live together, the abuser will be forced to leave the home.
Orders of Protection are very serious. Penalties for failing to comply include a possible fine, imprisonment and criminal charges.
As a Long Island divorce and family law attorney, my firm has extensive experience in dealing with issues involving domestic violence and abuse and assisting victims with obtaining an Order of Protection.
In some instances the victim may seek an Order of Protection against their partner or spouse for retaliatory reasons. If you are experiencing these issues of either being accused of domestic violence or are a victim of domestic abuse, please do not hesitate to contact my office at 1(516) 491-0565. |