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Manhattan Order of Protection Lawyers
Manhattan is one of the world’s desirable places to live. People come here from many other areas. They are drawn by a strong economy and a lots of potentially lucrative jobs. They are also drawn here by the region’s world class arts culture. However, while living in Manhattan can be wonderful, it can also have certain dangers. When over a million people live side by side, and thousands more pour into the city each day, great friction can result. Sometimes things can go wrong. A woman may face problems in her personal relationships or as a result of her co-workers. She may also face issues that follow her if she has headed to Manhattan in part to escape a prior bad relationship. In that case, she will need to do all she can in order to protect herself from any dangers she might face. Fortunately, local New York City laws provide lots of protection for those who really need it. Such laws can help anyone feel safer in any part of the city.
The Paperwork
Many people are confused about the paperwork involved in filing an order of protection. Such orders may have many pages and possible complications that must be followed. An order of protection may also have details that are highly specific to each person. It helps to hire Manhattan order of protection lawyers. They know exactly how to fill out all area of the form in question. They also know how to make sure that the order is filled out properly. This way, it cannot be challenged or overturned. A lawyer can meet their client directly and help them as go through the court system. The lawyer may also provide counsel in other ways during the process. For example, multiple agencies may be involved in the processing this order. The order needs to filed correctly and carefully so that is takes effect as soon as possible. Each person also needs to be sure that the order is in place in their jurisdiction. If they live in Brooklyn but work in Manhattan, the order may need to take that fact into account. A good lawyer knows this process and knows it really well. They will typically have filed many such applications in this borough before. The lawyer may also understand how to make sure that the order is protection is in place even if the person leaves the city or the state.
Other Issues
People may face other issues as well. For example, they may need to have more than one order of protection in place against more than one person. They may face more than one threat over time. A group of people may have unfairly decided to target them for potential violence. The right help is crucial. A person may also be facing other legal issues. If they’ve been a victim of violent crime in the past, the person that caused them harm may be out on parole. A person may also have problems such as legal troubles of their own or issues arising from prior encounters with violent criminals. Good lawyer can provide all sorts of useful advice to their clients. A good lawyer can help the person understand the possible New York City laws that may apply in their case. They can show them how best to work within the framework of such laws to get the results they really want.
Moving On
Ultimately, the lawyer can help anyone feel safer. People who feel safe when living in New York can relax knowing they have the legal weight of law enforcement officials on their side. An order to protection can provide the kind of help that people need in order to move forward with all of their plans for life here. Knowing that they have the safety they need from any threats is freeing. A client with the right legal representation will benefit from careful help by skilled lawyers. They can count on them to provide the help they to make sure that the order of protection is carried out no matter where their client is or what they are doing. Feeling truly safe is the best feeling in this large and inviting city.
The laws regarding orders of protection, commonly called restraining orders, can be a bit confusing. These orders of protection can be filed by a family court, which is generally a civil case, or it could be filed in criminal court. There are specific conditions that need to be present to warrant a judge to issue this sort of legal restraint order. A violation of this type of legal order can result in the person spending time in jail up to a 4 year sentence. Therefore, anyone that is served with an order of protection should immediately get in touch with an area criminal defense lawyer, like NYC criminal Attorneys, for legal guidance.
To have an order of protection filed against you in criminal court, the suspect has to have committed a crime or had done so before. Typically, individuals get these orders in a family court related to a divorce, child custody case or other family matter. The rules here are a little different. A person can have an order of protection taken out against them even if they have never been charged with a criminal offense. The person desiring the protection order must prove a specific relationship to the person that can include:
- Spouse or former spouse
- Family member
- Live in or intimate partner
- Parent etc.
Generally, these orders can be taken out if the person has been threatened or actually harmed by the suspect that has been shown to be involved in one of the following scenarios:
- Domestic violence
- Reckless endangerment
- Harassment and/or stalking
- An assault or attempted assault
- criminal mischief
- Some type of disorderly conduct
For examples of the above situations, a spouse or intimate partner that slaps the other can be charged with domestic abuse. A person driving at high speed and showing reckless driving behaviors can be charged with reckless endangerment. Stalking and harassment charges were difficult to prove until recently. Currently, judges are more apt to call repetitive texts, calls and other unwanted contact harassment. If the suspect has been shown to continually show up where the other party is without good cause, the suspect could be charged with stalking. It is easy to see that in many cases, it is one person’s interpretation of an event or events over another. Anyone accused in any of these sorts of issues should swiftly contact an experienced criminal defense lawyer.
If a person has been served with a legal document that states it is an order of protection against someone else, that person must follow the specific rules set forth by a judge. These will typically relate to contact with the accuser. Often the accused will have to:
- Refrain from going to the person’s home
- The person might have to move out if the parties were living together
- There may be additional places that the accused can’t be like at the accuser’s workplace, a child’s school and so forth
The person will generally have to cease phone contact with the accuser. This includes texts and hang up calls. They will likely have to cease any Internet or social media contact as well. It is crucial for the accused to understand all of the order requirements, because if the person violates even a civil family court protection order, they could be charged then in criminal court which can result in up to 4 years of actual jail time. Sometimes, the accuser will be trying to get the other person into trouble. Other times, the accuser might want to resume contact with the person. In both cases, if the person accused allows any form of contact, they could be found in violation of the court order. This can occur even if the contact was initiated by the other party.
Another common term in protection orders dictates that the accused give up any owned or possessed firearms or other weapons. If caught with a gun, the person could be charged with violating the order and be subject to stiff penalties. Contact https://www.nyccriminalattorneys.com for legal representation or advice.