New York Order of Protection Lawyer

Divorce can be a very stressful time in a person’s life, especially if there are children involved. There is also the issue of your personal safety. If you are contemplating a divorce due to violence or abuse of any type, you should contact a New York
order of protection lawyer as quickly as possible.

Our firm will provide you with the legal representation that you deserve. No one should have to put up with abuse. The law will not allow it, and the professional team at the Federal Lawyers will do everything to stop it in its tracks. We have over 50 years of combined experience in marital law, which include protection orders. We have successfully helped many spouses who feel unsafe in a marriage and feel that they need legal intervention.

Understanding Abuse

Many people believe that abuse only comes in the physical form. This is not the case. There is also mental and emotional abuse. If you feel that you or your children are targets of abuse, you should consider filing for an order of protection. In some cases, the order should be filed before the divorce.

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Legal Scenario: What Would You Do?

Scenario

Your spouse has become increasingly threatening during your separation, sending dozens of angry text messages and showing up unannounced at your workplace. Last night, they pounded on your door for twenty minutes screaming threats while your two young children were inside crying.

How do I get an order of protection in New York, and what kind of protection can it actually provide for me and my children?

Attorney's Answer

Under New York Family Court Act Article 8 and Criminal Procedure Law Section 530.12, you can petition for either a temporary or full order of protection that prohibits your spouse from contacting you, coming near your home or workplace, and threatening or harassing you in any way. The order can also grant you temporary custody of your children and require your spouse to stay away from their school or daycare. Violating an order of protection is a criminal offense under New York Penal Law Section 215.51, which can result in arrest and up to four years in prison for a felony-level violation. We can file an emergency petition in Family Court to get you a temporary order of protection as early as the same day, giving you and your children immediate legal protection while the full hearing is scheduled.

This is general information only. Contact us for advice specific to your situation.

In the state of New York, there are specific laws regarding filing orders of protection. If the facts and circumstances warrant the order, the judge will order intervention. If you have photos, medical paperwork, phone calls, texts or even witnesses to the abuse, the order will granted in most cases. Although these aren’t necessarily needed, it will help bolster the claim against the abusive spouse.

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