Orders of Protection Attorney in Garden City, New York
An order of protection is issued by a court as a method of limiting the conduct of an individual who threatens harm or actually harms another individual. An order of protection can address many different behaviors, including domestic violence. An order of protection can be issued by Supreme Courts, criminal courts, and family courts. The Journal of the American Academy of Psychiatry and the Law found that having a permanent protection order in place was associated with an 80 percent reduction in physical violence over the next year. Further, women with permanent protection orders were significantly less likely than those without protection orders to be physically abused. Protection orders are used as a legal intervention method with a goal of reducing the risk of future harm by a person who is considered to be a threat to another person.
An order of protection essentially tells the offender to refrain from injuring, threatening, or harassing a family member (by blood or marriage), current or former spouse, a person with whom you share a child or anyone with whom you have or have had an intimate relationship. The order of protection can direct the offending person to pay child support, to properly follow orders related to child custody, to move out of his or her home, or to stay away from specified persons. An order of protection can also order an individual to refrain from possessing a gun. Those who have been harmed or threatened by another person should consider obtaining a New York order of protection. Speaking with an experienced attorney from The Law Office of Katherine Ryan, P.C., can help protect you via an order of protection from another individual.
What Proof is Required to Obtain an Order of Protection?
The person alleging certain crimes against them by another individual must prove those crimes were committed. In Family Court, even if there is no proof the individual broke the law, a Temporary Order of Protection can be issued. While the case is open, the court may issue a Temporary Order of Protection, which has an expiration date before the case is closed, and can be renewed, as the case continues. At the end of the case, a Permanent Order of Protection, which usually lasts one or two years, can be issued. In some cases, a Permanent Order of Protection can last up to five years.
How is an Order of Protection Obtained?
Those who are asking for an order of protection in Family Court will file a Family Offense Petition. When asking for an order of protection from a criminal court, a criminal offense has been committed, and the order of protection is being issued as a condition of the offender’s release. When an order of protection is requested in a criminal court, the individual charged with a criminal offense is known as the defendant, and the victim is known as the complaining witness. Unlike a Family Court Order of Protection, no relationship between the parties is necessary for obtaining the order of protection. During an ongoing divorce proceeding, a Supreme Court can issue an order of protection; the judge in the case will determine the terms and conditions of the order.
What if the Person Who Has an Order of Protection Issued Against Him or Her Violates the Order?
If the person with the order of protection against him or her violates the order, a crime has been committed, whether the order is a temporary order or a final order. The person who asked for the order of protection can—and should—contact law enforcement if the order is violated. There does not need to be physical violence to violate the order of protection; if the order prohibits the person from going to the other person’s home, school, or work, and the individual does so, then the order has been violated. If the order of protection is filed in Family Court, then there will usually be no arrest for a violation.
What are the Terms of an Order of Protection?
While the exact terms of the order of protection will depend on which court issues the order, as well as the specific circumstances, an order of protection can require an individual to stay a certain number of feet away from another individual, at his or her home, school, and work. The order of protection could also prohibit certain types of contact with the other person, although the court may make exceptions to the order of protection when visitation with a child is an issue. While an order of protection could allow some contact, the person whom the order of protection is issued against can commit no crimes against the protected person or do anything offensive toward the protected person.
Can an Order of Protection Be Changed?
The person who asked for the order or the person the order of protection is against can ask the court to change the order of protection, although a Family Court cannot change an order of protection issued by a criminal court. The original order of protection might be worded “to refrain from” and may later be changed to a sterner “stay away” if the situation has escalated. In the same vein, if the situation has significantly improved, a “stay away” order could be changed to a “refrain from” order if both individuals desired to have contact.
Getting Help with an Order of Protection from The Law Office of Katherine Ryan, P.C.
Those who are dealing with abusive behaviors in a marriage, or during a divorce might consider having an order of protection issued against the abuser. Attorney Katherine Ryan is very familiar with all aspects of orders of protection. She knows New York laws concerning orders of protection and has experience obtaining the orders for her clients. Katherine is extremely responsive to her clients; she receives messages 24/7 via phone and email and will respond to an emergency message outside of office hours.
The attorneys and staff at The Law Office of Katherine Ryan, P.C. get to know their clients on a personal level and never want a client to feel “pushed” to make a decision which could affect the rest of their life. Katherine Ryan represents clients in Garden City, Stewart Manor, New Hyde Park, Mineola, Huntington, Melville, Woodbury, Commack, Smithtown, Syosset, Jericho, Roslyn, and Manhasset. Contact The Law Office of Katherine Ryan, P.C. for a consultation regarding your family law issue.