Orders of Protection
The purpose of an order of protection is to protect the safety, welfare, and health of any person who is threatened with abuse, harassment, stalking, violence, verbal threats, or any other unacceptable behavior. An order of protection, sometimes call a restraining order, is available to any person who feels they are in danger of harm or abuse from another person.
In family law, the majority of people who file for an order of proteciont are victims of domestic violence. Not all orders of protection are the same and will vary depending on specific circumstances. In this type of law, the person filing the order of protection is called the “petitioner” and the person whom the charges are brought against is called the “respondent”.
Why Get an Order of Protection?
An order of protection guarantees that the respondent will be put in jail if he/she violates the terms of the order, the polices will take your calls more seriously and address your situation with more urgency, you will have more physical and mental security, and the respondent will be charged with a felony if he/she violates any aspect of the order of protection.
There are two different types of orders of protection: a “stay away” order, and a “refrain-from” order.
A Stay Away Order ensures that the respondent is prohibited from entering or being in the same vicinity as the petitioner or the petitioner’s children. This means the respondent may not enter or come near the petitioner’s home, workplace, school, place of worship, or family.
A Refrain-From Order legally forbids the respondent from threatening, abusing, or harassing the petitioner. If the respondent violates the refrain-from order, he/she will face harsh legal ramifications such as imprisonment, contempt of court, and monetary fines.
A court will usually issue an order of protection as soon as the petitioner shows the court an incident of violence, threats, or abuse directed at the petitioner by the respondent (usually a former spouse, relative, partner, or other family member). The petitioner must prove to the judge that an order of protection is necessary, valid, and recommended because it can be extremely inconvenient for the respondent. Typically, the courts will grant a temporary order of protection while all the facts are heard and sorted out in court.
How Long Does an Order of Protection Last?
Orders of Protection have an expiration date the typically lasts for either six months, one year, two years, or even five years. The length of an order of protection depends on each specific case, as circumstances are not always the same. If an individual wants a change in their order of protection, he/she must get the approval of a judge.
Orders of protection are valid in all states. If a person obtains an order of protection in one state, and then either moves to or visits another state, the order of protection is still valid and enforceable.
If you have been threatened, abused, or harmed, or if you feel you are in danger of being threatened, abused or harmed, it is important to speak to an attorney with experience in orders of protection. Our Long Island family law attorneys can help draft important documentation and ensure that you and your family are protected. At the Law Offices of Palermo, Palermo & Tuohy the experienced family law attorneys work relentlessly to make sure the safety of you and your family is not jeopardized or put in harm’s way. The lawyers at Law Office of Palermo, Palermo & Tuohy, work aggressively on behalf of all of our clients’ best interest. It is their professional goal to provide effective legal counsel, sound advice, hard negotiating tactics, and justice for all clients.
At the Law Office of Palermo, Palermo & Tuohy our attorneys exhaust all possible resources into securing and comforting their clients’ needs during these difficult and emotionally trying times. |