An order of protection can protect you and your family in a variety of ways.
Nothing is worse than feeling unsafe in your own home, at work, or at school. Yet for many victims of domestic violence this is an everyday reality. Physical or emotional abuse can tear a family apart, and leave victims feeling like they have nowhere to turn. If you are a victim of domestic violence you have rights. There are steps you can take to protect yourself and your family. One of these is obtaining an order of protection.
In New York, there are both Family Court orders of protection and criminal court orders of protection. A Family Court order of protection is filed as part of a confidential civil proceeding. The person filing the order is the "petitioner" and the person it is filed against is the "respondent." You may obtain orders of protection in both Family Court and Criminal Court for the same acts against you. The order can be filed against the petitioner's current or former spouse, a relative by blood or marriage, someone the petitioner has a child with, or another person with whom the petitioner has (or has had) an "intimate relationship".
What does an order of protection do?
If granted, an order of protection can direct the respondent to do or not do a variety of things including:
- Not threaten or harass the petitioner
- Stay away from the petitioner, the petitioner's children or family
- Move out of the petitioner's home
- Not have a gun
- Not communicate with the petitioner directly or through a third party
If an individual violates an order of protection he or she commits a crime and can be arrested.
An attorney can assist you in obtaining an order of protection
If you are the victim of domestic violence (whether it be physical or emotional abuse) an attorney can help you navigate the legal process and obtain an order of protection.
If you want to require your spouse to move out of your home you must show that it is "unsafe and improper" for you to share a residence. Again, this is something a lawyer can help you establish.
At Angela Scarlato & Associates we are experienced in all matters of family law. We understand the sensitive nature of family disputes and are compassionate towards our clients. At the same time, we will zealously advocate for your rights and work to obtain protection for you and your family.
Do not hesitate to contact us today. We will work to help ensure your safety with an order of protection.
Keywords: order of protection, domestic violence