Any family law lawyer would agree that Orders of Protection are among the most useful tools in preventing violence in families. These are court orders that prohibit an individual from coming near another person or group of people. Orders of Protection are not only available for domestic violence; they can also be obtained to prevent other forms of harassment, stalking, or physical violence. However, there are different types and powers of Orders of Protection you should know about, and it is always best to let an experienced family lawyer handle the process for you. In this article, we will discuss the different types of Orders of Protection and their powers.
Family Court Temporary Orders of Protection
Family Court Temporary Orders of Protection can be obtained by filing a petition at the family court. They can be granted to protect you and your children from immediate danger, which can mean physical harm, harassment, or stalking. A Temporary Order of Protection is issued by the court for a limited period, usually a few days up to two weeks, until the next hearing. If the court approves your petition, the order will immediately become effective, and you will be given a copy of the order. The subject of the order will also receive a copy of the order, which will direct them to stay away from you and your children.
Supreme Court Temporary Orders of Protection
Supreme Court Temporary Orders of Protection are similar to those in the family court, but they are issued to protect an individual who is not related to the abuser. To grant a Supreme Court Temporary Order of Protection, the court must find that there is an immediate risk of harm to the petitioner. The order can include provisions for protection from stalking, harassment, or physical harm. The order is effective once it is served to the subject of the order, and it can last up to two weeks.
Full Orders of Protection
Full Orders of Protection provide long-term protection from abuse and can be issued by both the Supreme Court and the Family Court. To obtain a Full Order of Protection, you must file a petition that outlines the incidents of abuse and harassment that you have experienced. The court will conduct a hearing, and if it finds that sufficient evidence of abuse exists to support the issuance of a Full Order of Protection, it will grant the order. A Full Order of Protection can last for up to two years.
Restraining Orders are court orders that prohibit an individual from engaging in certain activities, such as contacting the petitioner, harassing or stalking them, or coming near them. Restraining Orders can be obtained in both Family and Supreme courts and are similar to Temporary Orders of Protection. The main difference is that restraining orders do not require a showing of immediate danger, and they can last for up to one year.
Orders of Protection can be powerful tools in stopping harassment, stalking, and even physical abuse. They act as important legal safeguards for victims of domestic violence or other forms of abuse. If you or a loved one is in danger from an abusive partner, you should speak with an experienced family lawyer who can help you understand your legal options. Contacting a family lawyer who has experience in Orders of Protection in New York can help to ensure that you are fully protected, and your case is handled with care and sensitivity. Understanding the types and powers of Orders of Protection in New York is an important first step in getting the legal protection you need.
New York Orders of Protection Lawyer
Secure your legal protection with The Mandel Law Firm, your experienced advocates in navigating the complexities of Orders of Protection in New York. Whether you need Family Court Temporary Orders, Supreme Court Temporary Orders, Full Orders of Protection, or Restraining Orders, our knowledgeable family lawyers are here to guide you through the process. If you or a loved one is facing danger from an abusive partner, contact The Mandel Law Firm today at (646) 770-3868 or fill out the secure form on our website to schedule a consultation and ensure your case is handled with care and sensitivity.