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Understanding New York State Orders of Protection

Posted on in Domestic Violence

Manhattan domestic violence attorneysBeing involved in any domestic violence dispute, especially when you are the alleged perpetrator, is an alarming and sobering experience. Emotions run high when high-conflict tensions collide, and it is not uncommon for accounts of the events that took place to vary, with differing points of view. At times, the allegations may be heavily embellished, while other accounts reflect a mixture of both truth and fabrication. 

Whatever the circumstances, when a domestic violence case has emerged with your name on it, grave consequences can ensue and threaten your livelihood and reputation in the community. If an Order of Protection has been entered against you in the state of New York due to domestic violence claims, it is important to understand what this means and how the process works.

The Purpose of an Order of Protection

An Order of Protection may be filed against someone who has been accused of committing an act of domestic violence against an intimate partner or family member. In New York, domestic violence itself is a single, specific criminal act, but instead represents a category of criminal acts or crimes. For example, harassing, stalking, sexual assault, or any kind of threat or intimidation is considered an act of domestic violence. An Order of Protection is a tool that places legal limits on an alleged perpetrator’s behavior. It orders them to move out of the home (if applicable), have zero contact with the victim, surrender firearms, and to stay away from others listed on the Order.

How the Process Works

When an Order of Protection is filed against you, this is done through various court systems, depending on the nature of the case. Some Orders of Protection are issued through Family Court, which means a Family Offense Petition has been filed against you. This type of case is a non-criminal case, and its purpose is to provide immediate relief to the victim and to end the violence. If the Order of Protection filed against you is issued through Criminal Court, then prosecution is involved and punishment is determined based on a conviction. The Supreme Court may also issue an Order of Protection if you are in the midst of a divorce with the claimant. In any case, if the police arrest you in response to an incident of domestic violence, they have the right to take the Order of Protection straight to Criminal Court.

Contact a New York City Domestic Violence Defense Lawyer

Generally speaking, Orders of Protection handled through Criminal Court can be more complex, more time-consuming, and involve an intense level of investigation. No matter what kind of court hearing you are facing or where an Order of Protection is issued, it is imperative to speak with a qualified, competent Manhattan domestic violence defense attorney the moment any claims are made against you. JOEY JACKSON LAW, PLLC has more than 25 years experience in the area of criminal law and is well equipped to handle your case. Call us today at 1-833-JOEYJACKSON or 1-833-563-9522 for a case evaluation.

 

Sources:

https://www.nycourts.gov/CourtHelp/Safety/OP.shtml

https://www.nycourts.gov/CourtHelp/Safety/differences.shtml

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