Orders of Protection: Who Does It Protect?
Who Does It Protect?
If you are related to your abuser by blood or by marriage, have had an intimate partner relationship with (married, dating, separated, divorced) or have had a child with your abuser, then you are eligible to petition for an Order of Protection.
How Do Orders of Protection Work?
There are various types of Orders of Protection depending on your situation and if there are children involved, though they are most synonymous with domestic violence cases. An Order of Protection can, for example, stipulate that the abuser has no contact with you or refrain from assaulting you or committing crimes against you.
To obtain an Order of Protection, you must go to court to fill out the paperwork for filing a petition. The judge will then review the petition and in many cases will summon you and the abuser to a hearing. After the hearing, the judge will decide whether or not to issue the Order of Protection and what that Order will include.
How to Determine if You Need an Order of Protection
Many victims hesitate to contact a lawyer because their experience doesn’t match up to what the media presents as abuse and harassment. However, you are the best judge of your situation and if you feel that you and your children are in danger, it is important that you reach out as soon as possible.
How an Attorney Can Help
New York City lawyers can help you navigate the complicated process of petitions, summons, and hearings and will represent you in court so that you can get the most protection possible. Another reason we suggest you allow a New York City criminal lawyer to represent you is that your abuser will also be entitled so a New York City criminal defense lawyer in court. Having counsel yourself will balance the scales so the judge isn’t hearing just one side of the story.
Since this process can be so complicated and time-consuming, we do suggest that you contact an attorney as soon as possible to get the protection you need without delay.