Orders Of Protection

If you are being harmed or harassed by your boyfriend, girlfriend, domestic partner or spouse, the court can grant an order of protection to keep your that person away from where you live, work or visit. If he or she violates the order of protection, you then have the legal right to report the violation and the police can arrest your spouse.

If you and your child have had your lives turned upside-down by domestic violence, my New York family law firm is on your side. I am attorney Robert G. Smith, for more than 40 years an effective advocate for victims of abuse.

The Protective Order Defined

An order of protection is a court order limiting the behavior of an abusive spouse for a specific period of time. The hurt done by a batterer is often physical, but verbal abuse and terroristic threats are enough to warrant an order of protection. The order will direct the abuser not to injure, threaten or harass the person who obtained the order.

Do You Know How To Obtain An Order Of Protection?

To obtain an order of protection, you have three options:

  • Family court gives orders of protection to people who are being abused by relatives such as spouses, parents, cousins, brothers or sisters.
  • Criminal court gives orders of protection to people who are being abused by someone who is not a relative.
  • The New York Supreme Court can grant any relief that is also available in the family court. If you are getting a divorce, you should make your application in the Supreme Court.

Obtaining an order of protection in family court will only result in a criminal record for the abusive spouse if he or she violates the order. Obtaining an order of protection in criminal court will result in a criminal record if the batterer is found guilty of a crime.

A Free Initial Consultation Could Be Your First Step To A Violence-Free Life

For more information about orders of protection, and to arrange a constructive, confidential discussion of your legal issues with an experienced family law lawyer, contact me in New York City at 212-499-0940 or by email message.