Articles Posted in Order of Protection

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Side-View-Couple-Fight-300x200If you’ve followed my bullet point series on orders of protection until now, you’ll know that these documents can be a common consideration in a range of divorce and family law cases. When a family “offense” takes place, causing danger to a specific member of the family unit, an order of protection can be issued to protect that individual.

Orders of protection appear in both family court, and the criminal court, depending on the case in question. For today’s segment on this order of protection series, we’re going to be looking at the differences in the ways different courts address orders of protection.

As usual, you can find additional guidance on the topics mentioned here throughout this website. Continue reading ›

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Couple-Staring-300x200Welcome back to this series of bullet point guides on the topic of “Orders of Protection”. In this bullet point guide, I’m aiming to provide you with some useful information that may be helpful when making decisions about your Order of Protection case.

Today’s segment of the bullet point guide series examines what happens when someone needs to be removed from a home as part of an order of protection case. We’ll also be looking at how immediate hearings might be necessary in these cases, and why this is crucial. Continue reading ›

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Couplechildfight-300x200Welcome back to another issue of our Order of Protection series. This series of bullet point guides aims to tell you different tidbits to know about orders of protection, and how they can affect your life when dealing with family as defined in the law which could be blood relatives or people that are or have been involved in intimate relationships. In the past couple bullet guides, we’ve discussed things like temporary orders of protection, and how important orders of protection can be in custody orders.

Today, we’re once again looking at the affects that orders of protection can have on children. In this part of our Order of Protection series, we’re specifically addressing testimonies made by children in order of protection or family offense cases.

If you have any questions about the issues addressed here, please don’t hesitate to reach out to our office to schedule your initial consultation (up to the first thirty minutes is free) or read through some of our other blogs for additional guidance. Continue reading ›

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Finger-Pointing-300x200Welcome back to another issue in our family law Order of Protection Series. This guide follows the similar guides I’ve created in the past for child custody and equitable distribution. If you’d like to learn more about custody, orders of protection, and the other issues mentioned here, you can find more blogs here and pages on my website.

Orders of protection can be a complex part of family law. Though they’re similar in some ways to restraining orders, these orders don’t necessarily lead to the same legal actions. Although, orders of protection do require the person in question to avoid certain activities.

This guide aims to make complex concepts easier to understand in family law. For instance, in this segment, we’ll be talking about custody orders, and how long orders of protection might last when issued by the family court. Continue reading ›

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Couch-Couple-300x200Welcome to your complete bullet point guide to orders of protection involving family members, and family offenses. This series is inspired by the other guides I’ve created on this blog to help my clients understand complex topics like divorce, equitable distribution, child custody, and child support.

Orders of protection can be a sensitive area of family law, and something that many people struggle to fully understand. Usually designed to keep people safe in a complex situation, these orders can be crucial to helping someone move on with their life after a marriage or relationship comes to an end.  It is also important for a person to defend themselves when someone is seeking an order of protection against them.

In this part of our guide, we’ll be looking at defining the order of protection, comparing it to a restraining order, and understanding how “family members” and “family offenses” are classified by the New York courts. Continue reading ›

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For a while now, I’ve been working on bullet point series on my website as a way of delivering usefulCouple-fight-tie-300x227 information about family law in an easy-to-consume format. Recently, I finished a serious on child support. Today, I’m starting a new series which will revolve around orders of protection and family offenses.

Orders of protection are an important component of family law, and something that is available to “family members”, which could include not only related people but those that are or were in intimate relationships or have a child or children in common.  Sometimes they come up in divorce cases as well.  However, just like many aspects of family and divorce law, the order of protection can also be a little tricky, and at times challenging to get your head around.

Today, we’ll be looking at temporary orders of protection, or pendente lite orders in a divorce. We’ll also be discussing the concept of surveillance and whether the use of a PI violates an order of protection. Continue reading ›

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Unhappy-couples-300x200The recent issues caused by COVID-19 have surfaced some common questions about family court cases, and what kind of issues require immediate attention. For instance, if a person was removed from their home because of a temporary order of protection, would this require an immediate hearing to ensure that each person is the case is properly protected?

For related people, and people who have been in an intimate relationship before, the Family Court can offer order protections when someone has a claim to being a victim of a Family Offense. The concept of a “family offense” can be difficult to understand, as there are many different levels to family offense cases. A broad description for this matter would identify family offenses as specific acts defined by Penal law and committed against members of “family”.

Family, defined by the New York Family Court Act, can include everything from obvious family relationships, to boyfriends, girlfriends, and people with children in common. The term “family” might also refer to people living in the same household. A person seeking an order of protection would need to file a petition with the Family Court and highlight the offenses that were allegedly committed by the “family” member. Continue reading ›

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OrderofProtectioncouple-300x200At the time of writing, my office is still open during the COVID-19 pandemic however I am doing business a little differently, as everyone. We have made some changes to the way that we support citizens in New York and Long Island, to adhere with the guidelines implemented for the safety of US residents. This means that phone and video consultations are more likely during this time.

It’s also worth noting that the courts have reduced the number of cases that they are willing to hear, to avoid the unnecessary gathering of people in a legal environment. The courts are only open for essential cases at this time. Although the definition of “essential” may change in the months to come and may differ on a case by case basis, we do know that Orders of Protection are listed as essential. Usually, these cases are managed in Family Court, within Nassau, Suffolk, Queens County and other areas. Most of these courts have adopted virtual court appearances at this time for safety reasons and to comply with the orders, guidelines, and directives that apply during the coronavirus

Applying for an Order of Protection at This Time

People considered to be family have the option to access orders of protection against other family members when certain offenses are committed. My office has helped various families to apply for or defend against these orders over the years and will continue to do so at this time. Continue reading ›

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In Anonymous v. Anonymous, a husband filed a motion for summary judgment to dismiss his wife’s petition alleging he’d violated an order of protection. The order of protection had been entered without a finding of fault and directed him to stay at least 1,000 feet away from the wife’s residence and job, except for court-ordered child visitation or to go to church on Sundays. It also ordered him not to commit a family or criminal offense against her.

The wife alleged that the husband had retained a private investigator. The PI recorded the wife, and the DVD showed she’d gone into a motel and had an affair with a priest at the church where she worked. The wife claimed the husband gave the DVD to her employers, and this forced her resignation.

She argued the husband had no legitimate purpose in sending a PI to follow her, and his goal was just to cause her to lose her job and humiliate her. She claimed this was a violation of the 2009 order of protection.

Continue reading ›

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Unlike circumstances relating to child custody cases, where the testimony made by the children involved (please seemy last blog for more information), can be done in a private setting (In-Camera), circumstances can differ somewhat in order of protection or family offense cases, where children are brought forth as witnesses to a specific event. In the case of a family offense proceeding, which is a case in family court that addresses whether or not there should be an order of protection, a child’s testimony that will be entered into evidence must be presented in front of all the parties involved.

Obviously, asking a child to testify in front of the parties, who are often their parent(s), in a family offense case can be a very difficult process, and it’s something that is frequently avoided at all costs, whenever possible. The reason for this is that the psychological damage a child is exposed to during such a procedure can be very significant, particularly when he or she is offering evidence against their parents.

Though a family offense proceeding is recognized as a civil proceeding, and isn’t directly about crime and punishment, it’s seen as a “quasi-criminal” case, because when family offenses are found, an order of protection can restrict someone’s freedom by forcing them to stay away from certain places and people. Additionally, these orders can prevent certain people from performing certain acts and behaving in a particular way. Continue reading ›

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