Queens Order of Protection Attorney
Protecting You & Your Loved Ones
If you are suffering from domestic abuse, contact the National Domestic Violence Hotline by calling 1−800−799−7233 or texting 1−800−787−3224 to learn more about how you can protect yourself and regain control of your life. You may also wish to consult this list of resources for domestic violence survivors published by the New York State Coalition Against Domestic Violence. Stay safe, and be well.
If you are facing destructive and abusive behavior from a family member, you should immediately seek legal protection. Unfortunately, domestic abuse often escalates in severity, so seeking help immediately is your best recourse.
The best way to stop a perpetrator from hurting you is through an Order of Protection (also commonly called a restraining order or OoP). An OoP forces the offender to halt their destructive behavior or face legal penalties.
Our Queens domestic violence lawyer is here to handle your case with care and compassion. We'll shoulder the burden of your legal case and advocate for your rights in court so you can focus on what matters most: your well-being and safety.
We work with clients throughout Queens, the Bronx, Manhattan, Nassau, and Suffolk Counties. Contact us online or via phone at (718) 569-8618 so our Queens domestic violence attorney can provide you with the protection you need.
How Do I Get an Order of Protection?
Criminal courts and family courts are both capable of issuing an OoP. However, one of the benefits of going to a family court is that you can receive a Temporary Order of Protection. A Temporary OoP can protect you while you press charges against the alleged abuser, safeguarding you while the legal process to acquire a Permanent OoP takes place.
To request an Order of Protection through Family Court, you must follow specific guidelines. Filing a family offense petition requires you to have some form of a familial relationship with the alleged abuser, even if it is not current. You may have been spouses, have a child or children together, or be related by blood. You can also have had a deeper intimate relationship, which must be proven as being more than a casual friendship or colleague relationship.
How Long Does an Order of Protection Last & Can It Be Changed?
You can immediately get a Temporary OoP against an alleged abuser. Temporary OoPs tend to last a couple of weeks, but they can be renewed repeatedly as the case continues. Following the case, the judge may be compelled by your situation to offer a Permanent Order of Protection. While this is regularly set at a one-year duration, the Permanent OoP may remain in place for up to five years, at which point you can seek to have it extended again if necessary.
While the person who requested the Order of Protection can ask for a change from either court, the Family Court can only change the terms of an Order of Protection from its issuance. In other words, family courts can't change the terms of OoPs issued by a criminal court. In either case, the altered circumstances of an Order of Protection require strong proof to be modified.
Some examples of Order of Protection exceptions or modifications include:
- Circumstances where allowing limited visitation with a child is encouraged;
- Situations where "refrain from" Order of Protections must be altered to a "stay away" restraining order if the perpetrator is causing continual harm;
- Alterations if the conflict between the two parties has improved, and both members desire or feel the necessity to have contact.
Powerful, Empathetic Counsel
Our experienced Queens domestic violence lawyer can help you navigate your domestic violence case and receive an order of protection. We work with clients throughout New York City to help them handle domestic violence disputes.