When a person experiences violence or threatening behavior from a member of their family (or a person in an intimate relationship), they can obtain an Order of Protection through the Family Court in New York. Criminal and Supreme Courts can also issue Orders of Protection dependent upon one’s relationship to the offender. To properly attain jurisdiction in Family Court, the aggressor must specifically be a current or former spouse, someone with whom you share a child in common, a family member through blood or marriage, or someone with whom you have or have had an intimate relationship. Family law is constantly changing and has expanded to allow intimate relationships to go beyond merely sexual relationships, also now considering how often parties see each other and how long they have known each other.
Orders of Protection vary in extremity, ranging from one that will simply put a stop to harassment to one that will terminate all communication and keep an individual away from you. They are also issued for varying lengths of time dependent upon the severity of the circumstances. Orders of Protection can also be utilized to give one parent custody of a child, order the alleged abuser to dispose of firearms and firearm licenses, and order the abuser to vacate a residence. The attorneys at The Law Offices of Seidner & Associates, P.C. are trained to analyze a person’s situation to determine if an Order of Protection would be warranted and in which Court. Our firm has a high success rate of bringing winning cases to Family Court resulting in needed Orders of Protection for our clients. If you cannot wait for an appointment or us to file in Court, and are in danger now, you should call 911.
Pursuant to New York Family Court Act §828, an Order of Protection can be sought from the Family Court located within your county by filing a Family Offense Petition. The alleged victim will be directed to fill out forms which highlight the allegations against the Respondent. Our attorneys know that the key aspects to obtaining an Order of Protection or defending against one in Family Court are the language in the Petition itself and the recentness of events. The Petition will go before a Judge who will determine whether immediate protection is warranted and can grant a temporary Order of Protection should a risk of imminent harm exist. If not settled, the matter will proceed towards a hearing in which the alleged victim and abuser are given an opportunity to present their arguments as to why a permanent order of protection should or should not be granted.
A victim or respondent in order of protection proceedings need experienced representation. For Orders of Protection, time is always of the essence. Please contact us for a complimentary consultation today.