Domestic violence can be experienced by anyone in a number of forms, including physical, emotional, verbal or sexual abuse. An experienced domestic violence attorney can provide the aggressive, necessary representation during a domestic violence case.
There are two rules when it comes to domestic violence.
Rule number 1 is that neither spouse has a right to physically violate the other spouse.
Rule number 2 is there are no exceptions to rule number 1.
Domestic violence is a crime.
What is an order of protection? Most people know it as a restraining order. An order of protection is used to safeguard an individual from being harmed by another due to acts of domestic violence such as physical abuse, harassment or verbal threats. It is a myth that only women are victims of domestic violence.
Domestic violence can be dealt with in a number of courts. The victim can have the perpetrator arrested and prosecuted in the Criminal Court. The victim can also go to Family Court and proceed with a petition for an order of protection.
There are two types of orders of protection. The first is a non-stay away, or a refrain order of protection. This is a court order that the perpetrator will not allow alarm, annoy, harass, assault or violate the alleged victim in any way. However, the parties can still live together. The second order protection is a stay-away order of protection. In New York a stay away order of protection can require the abuser to:
While domestic violence should never be ignored and protective orders are sometimes needed during divorce the system is often abused to gain tactical advantage in an effort to obtain the upper hand in separation, divorce and custody proceedings.
If you are in the process of divorcing you can get a protective order as part of your divorce case in Supreme Court by asking the Judge for an order of protection as part of your divorce case. If you go to Family Court to get an order of protection you petition the court. You are called the “petitioner,” and the person the petition is filed against is called the “respondent.” There will be a hearing that is not attended by the respondent. A judge will review the petition and decide whether or not to issue a temporary order.
If you have been accused of abuse and want to contest the charges the first thing you should do is contact an attorney that is experienced in defending cases of domestic violence. It is very important that you follow the advice of your attorney and always obey the terms of the protective order.
Initially an order of protection obtained is temporary and becomes effective once the respondent is served with it. On the day that the temporary order of protection papers are served both parties are given a date to appear in court.
If the respondent admits to the allegations in the petition the temporary order becomes permanent. If the respondent denies the allegations there will be a fact finding hearing similar to a trial. If the court believes that the respondent did not commit the abuse the temporary protection order ends and the case is dismissed. If the court believes the respondent did commit the abuse the temporary order becomes permanent.
Permanent doesn’t necessarily mean forever. Generally speaking a permanent order of protection it is for a fixed amount of time usually one to three years.
The Law Firm of David L. Martin, Esq.,P.C. has the experience and knowledge to help you with an Order of Protection. If you are seeking or contesting an Order of Protection contact David L. Martin, Esq. today. Our office represents men and women in Queens, Nassau and the surrounding area.
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