Orders of Protection in Family Court – How to Obtain One in NY

For individuals facing domestic violence, harassment, or threats, an Order of Protection can be a crucial legal tool to ensure safety and security. If you live in Suffolk County, Nassau County, or Long Island and want help getting an order of protection, Shawn R. Kassman, Attorney, can be your ally for the journey.

Understanding Orders of Protection

An Order of Protection is a court order that limits the activities of one person (the respondent) to protect another person (the petitioner). The order can command the respondent to:

  • Avoid the petitioner, their home, workplace, or school.
  • Cease all contact with the petitioner, including phone calls, texts, emails, or social media contact.
  • Avoid committing any acts of harassment, intimidation, or violence.
  • Surrender firearms if applicable.

Orders of Protection are issued in cases involving domestic violence, stalking, or abuse between individuals with close relationships, such as spouses, former partners, family members, or co-parents.

Types of Orders of Protection in New York

In New York, there are two main types of Orders of Protection issued by family courts:

1. Temporary Order of Protection

  • It grants a temporary order when petitioners file for an Order of Protection.
  • It provides immediate protection until a full court hearing is conducted.
  • A judge may make a temporary order ex-party if there is evident immediate danger. The parties are not required to be present.

2. Final Order of Protection

  • This is issued after a full court hearing where the parties present their cases.
  • It can last for as long as five years, depending on the severity of the case and any history of violations.
  • Violations of a final order are serious legal matters which may result in arrest and criminal charges.

The Law Offices of Shawn R. Kassman is the source of professional representation for people in Suffolk County, Nassau County, and surrounding areas such as Bayshore, Oakdale, Sayville, Riverhead, Port Jefferson, Brentwood, and Holtsville who wants to obtain Orders of Protection in Family Court. We are situated in the heart of Central Islip, so we can best help clients with the complexity of Visitation Proceedings.

Get an Order of Protection in New York

How to Get an Order of Protection in New York?

Getting an Order of Protection in New York is a legal process that requires proper documentation and court proceedings. Here’s a step-by-step guide to help navigate the process:

Step 1: Establish Qualification

Orders of Protection in family court can be issued for a person with a particular connection to the respondent, such as:

  • Spouses or former spouses
  • People who have a child in common
  • Family members connected by blood or marriage
  • People who have a close or dating relationship

If the respondent is not one of these, a criminal court order or a civil restraining order might be required instead.

Step 2: Petition

To start with the process, a Family Offense Petition must be filed in a family court in Suffolk County, Nassau County, or Long Island. The following details must accompany the petition:

  • Detailed incident history of when the request arises.
  • Date(s) and descriptive accounts of threat(s), harassment, or abuse.
  • Any supporting evidence in text messages, emails, or police reports if applicable.
  • An experienced attorney such as Shawn R. Kassman can draft a compelling petition to bolster the case further.

Step 3: Hearings Before a Judge

After filing the petition, the petitioner will have a hearing before a family court judge. In cases of emergency, the judge can make a Temporary Order of Protection on the spot.

If an interim order is issued, the court will usually schedule a hearing to determine if a Final Order of Protection should be entered.

Step 4: Serve the Order to the Respondent

The respondent will need to receive official notice of the Order of Protection. A copy can be served through one of the following methods:

  • By the police or a sheriff’s department
  • A professional process server
  • Any person over 18 years old, not party to the case
  • Service is the final step and cannot be served if the respondent doesn’t know such an order exists.

Step 5: Final Hearing

The parties will be able to present the cases during the final hearing. The following will be taken into consideration during the case by the judge:

  • Testimonies from both parties
  • Any evidence that has been presented
  • Witness statements

Based on the discovery, the court can grant a Final Order of Protection with provisions that indicate the degree of danger or injury posed.

Violating an Order of Protection

When the respondent breaks an Order of Protection, the petitioner must act promptly to:

  • Inform the police and file a report.
  • Record all incidents where the order has been violated, including dates and times.
  • In case of an order, seek legal assistance from an attorney such as Shawn R. Kassman, who has experience in these matters, so that the order can be enforced and correct legal action is taken.

Violations lead to jail time, fines, or contempt of court charges.

The Role of Attorney in the Order of Protection

Navigating through the family court system can be very challenging, especially in situations involving domestic violence or harassment. Attorney Shawn R. Kassman provides legal support for protection in Suffolk County, Nassau County, and Long Island. His legal expertise ensures that:

  • The petition is appropriately drafted and filed.
  • The necessary evidence is collected and presented.
  • The petitioner receives proper representation in the court hearings.

Suppose you or a loved one needs help getting an Order of Protection in Suffolk County, Nassau County, or Long Island. In that case, Attorney Shawn R. Kassman can supply the legal guidance and advocacy necessary to secure the protection you deserve. Early legal assistance can make a significant difference in ensuring a quick and effective resolution to your case.

Need Legal Assistance? Contact Us Today! 631-232-9479, Email: info@centralisliplawyer.com

Whether you’re dealing with Visitation Proceedings, Wills Trust and Estates Law, Uncontested Divorce, Criminal Law, Divorce, Family Law, Order Of Protection In Family Court, Estate Administration, Real Estate Law, Traffic Tickets, Real Estate & Landlord Tenant Law, Traffic Violations, DWI / DUI – Driving While Intoxicated, Driving With Suspended License issues, or need expert legal guidance throughout Suffolk County and Nassau County, the Law Office of Shawn Kassman is here to help. Visit us at: 83 Carleton Ave., Central Islip, NY 11722

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