New York City Protective Order Lawyer
If your life is being hindered by a temporary order of protection, you will need to contact a New York City protective order lawyer if you wish to change the order in any manner.
During domestic violence trials, judges in New York City issue orders of protection that forbid the alleged perpetrator from contacting or going near the alleged victim, which can make life extremely difficult if they have built a life together in any way.
Orders of protection also prevent individuals from collecting their property, reconciling with the alleged victim, and having interaction with children and pets.
If you are currently considering challenging the terms of an order of protection, contact a qualified defense attorney today.
Basic Information About Domestic Violence
Domestic violence is a serious charge, and as any New York City protective order lawyer would say, the charge of “domestic violence” refers to a wide range of illegal activities.
In its simplest form, domestic violence is defined as any act of violence or intimidation that is committed against a family member, spouse, child, romantic partner, or roommate. It covers a wide range of criminal behaviors, including the ones below:
- Disorderly conduct
- Harassment and threats
- Assault and battery
- Rape and other sex crimes
Virtually any crime can be considered an act of domestic violence if it is committed against any of the previously mentioned individuals. The penalties for domestic violence range from a few months in jail to a lifetime in prison.
When to File an Order of Protection
A person can file an order of protection against anyone else at any time as long as they have just cause to feel they are threatened. Many individuals opt to file for an order of protection prior to contacting law enforcement about an abusive individual.
During their first court appearance, the judge will usually issue a temporary order of protection against the defendant, which will forbid them from contacting or going near the alleged victim in any capacity.
Even if the alleged victim states they do not want to be protected from the alleged perpetrator, an order of protection will still be issued. This order will remain in place until the matter is resolved.
Function of a Protective Order
Orders of protection prevent individuals from engaging in a wide range of behaviors, and if a person feels the order is unfair or unreasonable, they will need to hire a New York City protective order lawyer to challenge it. In the state of New York, an order of protection can force an individual to do the following:
- Refrain from contacting the alleged victim via phone, mail, or electronic device
- Move out of the family home until the matter is resolved
- Surrender ownership of firearms and other potentially deadly weapons
- Refrain from harming pets (charged individuals are often required to temporarily relinquish custody of their pets)
- Establish visitation hours for children
If a person violates the terms of an order of protection, they can be charged with an additional crime. It will also make it more difficult for them to get their initial charges of domestic violence reduced or dismissed.
Consulting a Lawyer
If you or someone you care about is being forced to adhere to the unfair terms of an order of protection it would be in your best interest to hire a New York City protective order lawyer. An experienced attorney will be able to challenge, and possibly get some of the terms modified. Call a lawyer today.