If you are experiencing the threat of physical harm at home, you and your family need immediate and sustainable protection. Our dedicated domestic violence attorneys may be able to help you and your family take the steps necessary to secure your safety through a court order. If you are experiencing physical violence or the threat of harm, our team can help you request an order of protection in Albany County Family Court.
Additionally, do not hesitate to call 911 if you are in an emergency domestic violence situation. Once you have an order of protection in place, the offender can be sanctioned, or even arrested and jailed for a violation. Know that our Albany orders of protection lawyer stands by prepared to assist.
In Albany, orders of protection generally fall into two categories: temporary or permanent. Temporary orders provide immediate safety and relief, and a court can often issue these on the same day someone files their petition. After a final hearing, a court may sign a permanent order of protection. These orders either prevent contact in any form or limit certain behaviors. Limited orders may not necessarily prohibit contact but should help restrain behavior like stalking, harassment, yelling, or intimidation.
Behavior that may merit a temporary or permanent order of protection includes harassment, assault, sexual violence, and abuse. It is critical to remember that yelling, aggressive verbal conduct and intimidation can escalate to physical abuse. Therefore, there does not need to be any physical contact for assault or aggression to be present and for someone to be eligible to request an order of protection.
Domestic violence can affect both custody and visitation. Courts can limit a parent’s access to a child and mandate supervised visitation if there is suspected violence in the home. Permanent “stay away” orders issued by a family court may include these limitations. Limited orders are supposed to restrain aggressive conduct. In the event someone is not following the terms of the order of protection you may work with an order of protection lawyer file a petition at Family Court for their violation.
The first step in any domestic violence situation is to secure personal safety and call the police if you are in immediate danger. Once a party obtains an order of protection, they should file it with their local police, and keep copies for themselves.
Some permanent orders of protection may prohibit all contact and communication from the respondent to the protected party. When a respondent violates the terms of a protective order, they may face arrest and incarceration. A skilled order of protection lawyer in Albany could provide guidance when an offender violates one of these orders.
Aside from a lawyer’s help and the immediate protection available from police, anyone experiencing domestic violence can access many state and local resources through the New York State Office for the Prevention of Domestic Violence, or New York State Coalition Against Domestic Violence.
Violence in the home can potentially lead to harm and trauma for the entire family. If you are suffering from domestic violence, do not hesitate to reach out to our firm. We can help file for orders of protection in Albany or offer legal advocacy if the respondent violates the terms of an order already in place. The courts and police are here to protect you and your family, and we are here to help you navigate this frightening situation. Know that you are not alone, and call us today for immediate legal assistance.
Colwell Law
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518-462-4242