Obtaining an Order of Protection Through a Divorce Lawyer in Long Island

by | Aug 30, 2020 | Attorney

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If your Divorce Lawyer Long Island has concerns about your safety during the divorce proceedings, he or she may recommend you obtain an order of protection. This type of order may be used in a number of situations, including those involving domestic violence. When your Divorce Lawyer Long Island suggests you do this, it is best to agree as he or she understands how a document of this type will be of benefit to you. The Order of Protection Lawyer Long Island files the necessary documents and, if the court feels the need for this protection is valid, issues the order.

The order of protection limits the behavior of the person who is harming or threatening you and may be issued by a criminal court, family court or supreme court in the state. This order directs the person to not threaten, injure or harass you, your family members and anyone else listed in the document. The person may be ordered to move out of the home, pay child support, stay away from you and your family members, not possess a gun and/or follow custody orders.

The Divorce Lawyer Long Island will have one of three types of orders of protection issued. Family court orders of protection are used during a civil proceeding and are designed to prevent violence within the family or intimate relationships. Criminal court orders of protection are issued when a defendant in a criminal case is released or let out on bail. This type of order may only be issued against a person charged with one or more crimes. Supreme court orders of protection are issued during divorce proceedings and the judge determines the terms and conditions of the order.

If any order of protection is violated, the first step is to call law enforcement as they can then arrest the person guilty of violating the order. There doesn’t have to be any violence for the person to be arrested. If he or she violates any portion of the order, law enforcement may step in. A violation may also be filed with the family court although this typically doesn’t lead to the arrest of the person.

A divorce attorney will be more than happy to explain orders of protection in more depth. If you feel you are in need of protection from another party, contact an attorney today. The sooner you do so, the safer you’ll feel.



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