11 Aug 23

Restraining Orders And Orders Of Protection In New York

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Last Updated on: 13th August 2023, 10:17 pm

Understanding Divorce and Orders of Protection in New York

Divorces are often contentious and bitter. It’s not difficult to understand why. Two people marry with hopes and dreams of a life together that will last forever, but life unfortunately often gets in the way and the result is a divorce. Emotions can become heated, disagreements mount, and tempers can get out of control. Sometimes someone is instigating a divorce for reasons of domestic violence, and courts recognize this by offering Orders of Protection, as named by New York Family Law. The name for an Order of Protection differs sometimes in other states, but in New York Family Law, it’s known as an order of protection and it is a vital part of divorce proceedings where violence is a possibility.

General Information About Orders of Protection

In general, Orders of Protection are issued in New York when the court feels that there is good reason to believe that alleged victims of crimes might be in danger of violence if the accused is allowed to go around them. Family law defines family in a broad way. When we think of family, we might think of blood family, but in reality, Family Courts see someone who is in an intimate relationship with the alleged victim as family. And this would cover a spouse.

What is an Order of Protection?

In New York Family Law, it’s seen as a category of restraining order. As it relates to divorce proceedings, it’s simply an order that keeps one spouse from having any contact – physical or digital or phone wise – with the other spouse. In some cases, there are TWO restraining orders – orders of protection – issued. This can be when both spouses are dangerous to one another during the divorce proceeding, and its goal is to prevent any harm from coming to either party during the proceedings. Sometimes people seek an order of protection and it is denied because the court doesn’t believe the threat is valid, but most of the time, the state of New York will grant an order of protection during a divorce proceeding because it is this period of time that makes emotions and the possibility of violence all the more real.

In New York, Domestic Relations Law Section 236 outlines an automatic format for issuing an order of protection. If a court terminates the court order, it’s fine to go around the other spouse (this happens in most cases). However, because of the threat of violence during divorce proceedings when one spouse has shown themselves to be emotionally unstable or a threat of violence, it’s possible to have the order granted on an automatic basis with no contest. This helps the person who might potentially be the victim of past or future violence from having to prove their case too much. Simply by asking for an Order of Protection, the court assumes that the spouse feels threatened enough to take this legal action and is therefore deserving of the time and space they need away from the other spouse.

Why You Need a Lawyer

If you are currently going through a divorce and need an Order of Protection, there’s no time to wait. Violent ex-partners are always ticking time bombs and anything, especially the heated exchanges of divorce proceedings, can set them off. We believe you, and we believe that you are deserving of the protection of the court. As divorce lawyers with over 40 years of experience in this field, we truly believe that orders of protection are often a central component of a safe divorce. Emotions are always running high during divorces and physical or mental attacks are all too common. We’ve seen many victims suffer and wonder about what to do with a spouse that is threatening them.

Well, you have your answer. Call the SPODEK LAW GROUP today and let us help you! We don’t want you to have to suffer through this vital time alone, and we certainly don’t want any harm to come to you. Often ex-spouses will act out when things get contentious, such as when there’s a child custody or child support matter to be resolved and that they disagree with. Don’t be intimidated by your spouse. The courts, and SPODEK LAW GROUP, are on YOUR side, and we want you to get the help you need as soon as possible.

Because of the sensitive nature of this issue, we realize that there’s no time to waste. We can give you a free consultation at your earliest convenience and let you know how we can help you obtain the Order of Protection that you need. Maybe when your divorce began, you didn’t believe you’d need an Order of Protection but now you know you need one. That’s what SPODEK is there for. Call our law group today to set up a free consultation and tell us what you need from us. We’re always here to help our clients in whatever way they need us to help. Our compassionate, professional team of legal experts are here to make your legal issues clear to you, to get you the positive outcomes that you want and deserve, and to of course keep you from suffering from physical or emotional harm during your divorce. If you’re having trouble getting an Order of Protection, don’t wait. Call on us today to get the results that you want and deserve.

New York Family Law is there to help people just like you during situations during a divorce that are volatile. Automatic orders are usually issued unless both parties decide to rescind the Order. And that is often the case. After all, most couples want to work out their differences without having to call on the courts as a referee. The sad fact, though, is that some ex-partners simply aren’t going to allow a divorce to go through without a hitch. They’re going to intimidate you, threaten you, and unfortunately sometimes hurt you. Don’t let that happen. When you call on our team, we get to work immediately.