Suffolk County Order of Protection Lawyer 631-232-9479
In New York specific courts can issue an order of protection, the order of protection can be a refrain from order of protection that would allow the individuals to still continue to be together or a stay away order of protection which usually means that there shall be no contact with the protected party. In New York and order of protection can be issued from Family Court, Criminal Court as well as from Supreme Court.
In order of protection in Family Court is usually first applied for by the protected party in cases involving family matters which can be boyfriend girlfriend, children, married individuals. A person has to establish a family offense. A temporary order is usually granted after the person applies for the order of protection and is seen by a judge or referee. The case is then scheduled for an appearance by the protected party call the petitioner and the other individual called a respondent. The sheriff will usually serve the order of protection on the respondent and the person will be given a court date within a few days of the application of the order of protection being granted by the court. The respondent has a right to be heard on the temporary order of protection on whether they will consent to the order of protection being a permanent order of protection. If they disagree with the order of protection an individual has a right to a hearing in Family Court.
The order of protection of Family Court can be a refrain from or restate we order of protection based upon the allegations in the petition. Often times if there are children involved the county will directed by the referee or judge to investigate what is called a 1034 report that is provided to the court to see if there is any allegations of neglect.
We are a Suffolk county and Nassau county Family Court lawyer and we assist both sides of orders of protection in court. We also prepare and assist people in getting orders of protection applications through Family Court and Supreme Court.
Key Terms and Concepts
- In Family Court, in in Suffolk County, the respondent is the subject of the Order of Protection. The petitioner is the individual seeking protection from the respondent.
- An order of protection which inhibits the respondent from contacting the petitioner, via email, phone call, in person meetings, third party communication, and letters is called a stay away order.
- A refrain from order of protection is a limited order Do not harass order directs the respondent, not to harass, threaten, yell at, or intimidate the petitioner. It does not restrain all communication.
- A stay away order given to persons located in the same residence (which excludes the respondant from that home) is called an exclusion order. When making a ruling on these types of orders, the Court rarely finds it relevant who the home is owned by or who the house is leased to, by the same token the person that pays the rent or mortgage.
- After having a hearing or—with dual consent—without a hearing, the final Order of Protection is granted. For the petitioner’s protection until the Court can issue the final order or until the case is dropped or thrown out of court, a temporary Order of Protection may be issued. The temporary order may be approved even before the respondent is notified by service, the day the order is filed. The coverage period of a final order of protection is usually one year, but can last for two years and longer; cases in which a weapon is involved have “aggravating circumstances” in which a Court may find the order should extend for as much as 5 years.
- Respondents who Violate an order of protection, whether temporary or final, or in Suffolk County or Nassau County, will be charged with a misdemeanor or a felony criminal contempt and can be sentenced to jail time and/or probation..
An individual will receive a order of protection to District Court if there is a criminal charge it is brought against the other party often called a defendant. In Family Court things are done a little bit differently and the person is called a respondent and has a right to be heard on the order of protection unlike District Court where there are criminal charges. An individual who was charged with a crime does not have the right to decide whether there is going to be consent to the order of protection are not. Ultimately the person will have an opportunity to fight the charges as well as the order of protection. However this is a much more lengthy process when someone is charged with a crime and the district attorney issues an order of protection. When an individual applies for an order of protection in Family Court they can withdraw the order of protection unlike criminal court where the state issues the order of protection. However there are ways of addressing the orders of protection when a victim decides they do not want to proceed with the charges. If they do not appear in court and cooperate with the district attorney the district attorney has a much more difficult case to put forth without a witness. Usually in these cases where there are no witnesses and there are no statements by the defendant there are ways of getting the case dismissed.
Suffolk County Family Court has the following relationship requirements for petitioners and respondents when filing an Order of Protection: relatives (by marriage or blood kin), have a child together, intimate relationship, marriage (past or present). (Intimate Relationships are not qualified by casual acquaintances or typical socializing).
Often times there can be dual orders of protection one in Family Court and one in criminal court. A district court for criminal cases is often subject to a Family Court order of visitation and custody. Which basically means when you have an order of protection in criminal court where there is a family related matter and there are children that you can apply to Family Court for visitation, if it is granted in Family Court the petition for visitation and/or custody this will still allow the individual who is to stay away from the protected party to still have contact with their children despite there being an order of protection from criminal court to stay away from the protected individual.
At the Law office of Shawn Kassman we represent both sides of orders of protection whether it is a criminal case where Family Court matter. We can help you with various Family Law matters, Divorce, Child Custody, visitation and Orders of Protection throughout the state of New York, including – Suffolk county and Nassau county. Please call Law office of Shawn Kassman at 631-232-9479, we are an order of protection law firm that handles all aspects of orders of protection.
Suffolk County Family Court Lawyer, Central Islip Child Custody Attorney | Family Court Attorney, Criminal Defense, Central Islip Child Support Attorney | Family Court Lawyer