Family Court proceedings can be contentious and emotionally charged. While these proceedings are often based around establishing financial support and child custody, they can also center on ensuring a family’s safety. Understanding the family law statutes is crucial whether you wish to establish an order of protection or if someone is placing an order against you.
Protective orders, also called restraining orders, typically force someone to stop attempting to contact the other for a specified amount of time. A domestic violence attorney could explain the potential parameters of a protective order to determine whether it is the best option for ensuring your or your loved one’s safety. Call a Poughkeepsie protective orders lawyer to schedule a consultation.
The Family Court issues an order of protection to restrict someone from threatening to cause harm or exhibiting some form of abusive behavior. The Family, Criminal, or Supreme Court can issue protective orders. However, the Family Court specifically issues them to protect people experiencing domestic violence. Protective orders issued by a Family Court may require an individual to:
After reviewing the details of a specific case, a Poughkeepsie attorney could answer questions about the process of acquiring a protective order during an initial consultation.
A Family Court judge may issue a protective order after a specific criminal offense such as harassment, assault, disorderly conduct, or reckless endangerment. The order does not take effect until a process server serves the individual with the legal document advising them of the Court’s ruling. According to the New York State Office for the Prevention of Domestic Violence, someone may request a protective order against a current or prior spouse, domestic partner, or co-parent of their child through the Family Court.
To request a protective order, someone must start by filing a family offense petition. After filing, a Family Court judge meets with the petitioner to determine if there is valid cause to issue an order of protection. After the hearing, they may issue a permanent or temporary order. If they issue a temporary order, the Court may schedule another hearing later on to determine if that order should remain in effect.
There is a post-service Family Court hearing to allow the individual accused of domestic violence to agree to a long-term protective order or deny the allegations against them. If they deny the allegations, the accuser has the burden of proving the other party’s guilt, and the accused will have time to present evidence of their innocence. Examples of evidence that may be involved in a protective orders case include:
Depending on the circumstances of a case, the Court may schedule more than one hearing to reach a final decision. A lawyer specialized in protective orders in Poughkeepsie could provide sound legal advice and guidance throughout this process.
Obtaining a protective order can be crucial for keeping you and your family safe from harm. However, there must be evidence to support the threats to your safety, and there is a specific process to receive a legally enforceable order from a Family Court judge.
An experienced Poughkeepsie protective orders lawyer could help you gather the necessary evidence and meet Court requirements for filing a petition. Our team understands the high stakes of needing a protective order and could help you initiate the petitioning process as soon as possible. Call the Colwell Law Group, LLC.
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