Orders of Protection
If you need legal assistance in obtaining an Order of Protection or restraining order in New York, it is highly recommended that you contact our legal team without delay. Attorney Poster-Zimmerman has been practicing in her field since 1983 and can provide you with outstanding legal help and service for any
family law matter, including Orders of Protection. Dedicated to her community and to her clients, it is wonder that she has achieved such positive results throughout Suffolk County.
Orders of Protection, also known as restraining orders, may be obtained through a Family Court or Criminal Court to protect you from continuous harassment or harm. They can be granted to individuals and children experiencing domestic violence or threats of violence from someone within their family. Orders of Protection may be obtained in Family Court against spouses, ex-spouses, or any family member who threatens violence, abuse, or harassment.
Actions that may permit a person to get a restraining order include assault, menacing, stalking, harassment, reckless endangerment, and disorderly conduct. In the event that the individual committing the harmful actions does not have any blood relation to the petitioner asking for the order, the case would go to Criminal Court. This pertains to boyfriends, girlfriends, domestic partners, co-workers, and even complete strangers.
What it Means for Both Parties
In an Order of Protection, issued by the court, a judge can order the respondent named by the petitioner to cease the abuse, harassment, or other behavior immediately and prohibit the abuser from contacting the victim either at their home, at school, at work, or any other place routinely visited. The Order of Protection can also prohibit the abuser from contacting the victim by phone, mail, or through the internet. Custody of children, temporary child support, and visitation rights may also be dealt with through an Order of Protection. If the restraining order is violated by the abuser, serious legal consequences may ensue.
Incorrect Allegations and Misuse of Orders
It has been recently noted that there are a number of restraining order cases each year that result in orders of protection against people that are innocent. There is a very low burden of proof for these types of cases and nearly less than half of restraining orders have had even accusations of violence in some states. On occasion, these types of orders can be used by individuals as a tactical advantage and are against individuals that are not committing illegal actions. If you have found yourself under an order of protection, especially against your children or family, and you wish to be free of it, speak to a legal representative immediately.
Consult with a Knowledgeable Attorney
It is important in any case of domestic violence or abuse that the victim seeks the legal help needed to protect not only themselves but any children who may be involved. Also, the alleged abuser may feel unjustly accused and needs his or her rights protected. By consulting with Lynn Poster-Zimmerman, Suffolk family law attorney, you will be taking an important step to ensure that you and your children are safeguarded against any further threat of attack or harm.