Divorce and Orders of Protection

When a couple divorces, there may be some cases where an order of protection is warranted. In New York, an order of protection is issued when there is some type of violence or threat of violence to the spouse. This could be in the form of stalking, physical or mental abuse, and other things.

When a couple goes through a divorce, the family court can issue the order of protection before the divorce begins. If you are going through a divorce and feel the need to be protected, you should hire an attorney who can help you file an order of protection. Sadly, some spouses get highly upset at the other when the divorce is filed. No one should live in fear of retaliation. Hire an attorney immediately to help things go along as smoothly as possible.

No one should have to put up with violence or the threat of violence. A solid attorney will work in your best interest. They will make every effort to ensure the order of protection is filed properly.

Types of Protection Orders

There are 3 types of protection orders available:

1. Emergency Order

   This order comes straight from the judge without the other party even having to be in the courtroom. This order lasts for about 2-3 weeks until the full order can be put in place. An experienced attorney will help you file the extended order and present all evidence available to justify the order. The judge will be presented with all evidence to help the abuser get removed from the home.

2. Interim Order

   This order doesn’t require a full hearing, but the person being accused has a right to go before the judge and present their case. This order will last up to 30 days.

3. Plenary Order

   This order is issued after both parties have had the time to present their cases. This order can last 1 or 2 years and it can be renewed many times if needed. This is why a person needs an aggressive attorney to help them with these cases. Only a skilled attorney can get you through this situation as quickly as possible.

Filing Options

If you file for an order of protection, you have the opportunity to go through either family court or criminal court. With the family court option, the parties must be blood kin, married, formerly married, or have a child together. If you file in criminal court, you don’t have to have any relation. The person you file an order of protection against can be a perfect stranger.

Legal Assistance

There are a number of strong family court lawyers that can take on your case. Most are familiar with every aspect of the law and how it works. They will fill out all of the necessary paperwork for you to get your case underway. The attorney will provide you many options to help you better understand what you are up against.

If you are ready to find out your rights when you file for an order of protection, call an attorney immediately. When it comes down to the safety of you and your children, time is of the essence. You will need someone who is aggressive and knows how to fight. Get on the phone and hire an attorney to protect your rights.