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NYC Order of Protection Lawyer

March 21, 2024

Obtaining an Order of Protection in NYC: Your Legal Rights and Options

Obtaining an Order of Protection, also referred to as a “stay away order” or restraining order, can be a crucial legal step for your safety and well-being in New York City. This legal document holds significant importance and can have various implications, depending on the circumstances of your situation.

Understanding the Purpose of an Order of Protection

An Order of Protection serves several key purposes:

  • Defining the Terms of Contact: This legal order specifies whether the involved parties can contact each other and under what conditions.
  • Regulating Permissible Contact: It outlines the types of contact that are allowed between the parties, if any.
  • Legal Ramifications: An Order of Protection can be a step toward charging the offending party with a criminal offense, if the terms of the order are violated.

If you find yourself in immediate danger, it’s crucial to prioritize your safety by calling 911.

Seeking Protection Through an Order of Protection

If you believe your safety is at risk from a potential threat, it’s recommended to visit your local police department to file an Order of Protection. This step is particularly important if you are dealing with an issue that poses a potential threat to your safety and well-being.

If you have been anticipating such a situation, have already faced problems related to an Order of Protection, or are involved in ongoing family law matters, seeking advice from an experienced Order of Protection lawyer is essential. A lawyer specializing in this area can ensure proper documentation of all relevant issues, making them legally admissible in court.

Role of an Order of Protection Lawyer

An Order of Protection lawyer can provide invaluable assistance in various scenarios, including:

Building a Strong Case for Custody

If the safety of a child or a loved one is at stake, having a well-documented Order of Protection and keeping records of any violations is critical to your case. Violations of an Order of Protection, such as attempts to initiate contact or harassment, can significantly impact your case. Consulting your lawyer is crucial to understanding the guidelines for reporting and handling violations.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Ensuring Safety for You and Your Loved Ones

Dealing with an unpredictable and potentially dangerous individual can be challenging. While an Order of Protection offers a legal basis for taking action against violators, it doesn’t physically prevent harm. If you believe you are in immediate danger, contact law enforcement by dialing 911.

Filing an Order of Protection Beyond Intimate Relationships

Contrary to popular belief, an Order of Protection isn’t limited to restraining orders against spouses or romantic partners. The term “intimate” encompasses various relationships beyond physical partnerships. Whether you’re concerned about an acquaintance, former friend, or online contact, seeking advice from an Order of Protection lawyer can help you determine if pursuing a restraining order is appropriate.

Filing for an Order of Protection can be emotionally taxing, but remember that seeking protection is a legitimate and important step. Your fears and concerns are valid, and there are legal avenues to safeguard yourself from harassment and harm.

 

Key Aspects of Obtaining an Order of Protection in NYC

Orders of Protection: Understanding the Process and Seeking Legal Representation

Orders of protection are a grave matter. Problems can arise during a divorce or other family situation when someone becomes abusive. Abuse has the potential to rise beyond your threats. The mental anguish the threats cause or nothing to take lightly. People suffer great anxiety when stressed over the potential harm someone can drive.

Besides “potential” harm, the real threat of physical violence exists. Unfortunately, a family member terrified for his or her life for the well-being of young children may not be in a situation where they can effectively protect themselves. Therefore, they must turn to the courts for a protective order. The first question involved determining what particular court must be partitioned to acquire a valid and legitimate protective ruling.

The Courts for Orders of Protection

What exactly is an order of protection? A common name for an order of protection is a “restraining order.” With such an order, the court tells another person how he or she must limit his/her contact or behavior when dealing with another person. In addition to telling someone what not to do, the order could be affirmative. That means the order may dictate what a person must do. The petitioner can seek an extension when an order of protection is set to expire.

Anyone subject to an order of protection must accept the consequences of violating the judge’s stated conditions. To do so could lead to a contempt of court citation. That means jail time and a fine may be imposed.

Three courts can provide an order of protection: The Supreme Court, Family Court, and Criminal Court. Depending on the situation, all three courts could issue an order of protection in family-related. The Supreme Court and Family Court would more commonly give protective orders than the criminal court.

With the Supreme Court, protection orders may be issued during divorce or marriage-related proceedings. With a Family Offense, the Family Court may issue an order of protection. A Family Offense is a crime someone commits against a relative or person with which he/she maintains an intimate relationship. Family Offenses do not need to be limited to Family Court. A petition for the order of protection may be filed in family court, but the incident could also be carried over into the Criminal Court.

Retaining the Necessary Representation for a Petition

Anyone who believes it’s possible to go into court and petition the judge for a favorable ruling without possessing any experience might be in for a terrible outcome. Yes, it’s possible to represent yourself in court and to fill out and submit the necessary paperwork. However, the other side will have a say in the matter. Many resist the issuance of a restraining order that determines their behavior. Arguing issues related to the approval of the protective order is a job best left to a qualified council.

Experienced attorneys can point toward the many approved orders of protection they acquired on behalf of their clients. With experience comes knowledge and understanding of how the courts work. No attorney can answer for a judge, which is understood. However, a committed attorney can dedicate passionate effort to arguing a protective order’s merits and necessities.

When an agreement deriving from a divorce case of family offense does not exist, an order of protection requires a preponderance of the evidence to be in effect. Without a majority of the evidence, a petition for an order of protection would be dismissed. An attorney knows how to present evidence so that it rises to a level of preponderance.

Before venturing into court, the attorney can provide an opinion on the merits of a particular protection order. Upon walking into the quart room, the lawyer brings forth the necessary evidence to prove to the court the dangers the plaintiff faces. For example, the attorney may submit into evidence several threatening text messages. Steps such as these can sway the court toward deciding the victim’s best interest.

Understanding Domestic Violence and Criminal Matters

What happens when things move to the criminal courts, though? Domestic violence cases are tried in criminal court. During criminal proceedings, the preponderance of the evidence no longer applies. The bar raises beyond a reasonable doubt. Also, victims do not handle requests for an order of protection. The prosecutor takes over the responsibility.

Domestic violence cases don’t necessarily stay in the criminal courts. A case could be referred to the Integrated Domestic Violence Court or IDV courts, a subset of the Supreme Court. To move to IDV, criminal proceedings related to domestic violence must co-occur in a family court case and a matrimonial or divorce matter. In a way, the IDV system consolidates the proceedings from the various other courts. Doing so benefits the petitioner/victim as well as the courts. Reducing the confusion of addressing multiple different court cases can be overwhelming. So, Integrated Domestic Violence serves a practical function.

A Qualified Attorney

All this can be overwhelming for those who never navigated the New York Court System. Speaking with an attorney known for handling cases related to orders of protection and Family Offenses helps. Dealing with the different courts and matters involved with adjudicating an order of security can be overwhelming. Why not work with the right attorney capable of relieving the burden?

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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