Residents of New York have the right to seek help if they do not feel safe in the community. If someone has hurt or threatened to harm you or your family, consider filing for a protective order to protect against violence, threats, or intimidation. Whether you are the target of stalking, domestic violence, or any other protectable offense, consider hiring a Troy protective order lawyer. Experienced domestic violence attorneys are available to help keep you and your family safe and give you peace of mind. There should be no hesitation when it comes to matters of physical safety.
Parties can seek either limited, otherwise known as “refrain from” protective orders, or full, otherwise known as “stay away,” protective orders, and “Ex Parte” protective orders. Limited protective orders do not prevent contact between the person seeking the order and the individual subject to the order. However, limited orders prevent the individual subject to the order from refraining from committing any designated family offense or criminal offense against the protected party. Under a full protective order, the individual subject to the order is forbidden to have contact or communication with the protected party.
Finally, an ex-parte protective order is granted after the court hears from only the protected party. With any of these protective orders, there may be various additional stipulations added by the court.
A court may grant a temporary order of protection on the same day it is filed. However, this type of order is only in effect until the parties’ next court date, at which point the court will decide whether or not to extend the order. Temporary orders of protection may be recommended if there is an immediate danger or threat of violence. If the subject of a temporary order is found guilty in criminal court or liable in family court, a final protective order might be issued to protect the petitioning party.
A Troy restraining order lawyer may help someone file one of these actions and provide some legal protection against a dangerous or threatening individual.
Those who are experiencing domestic violence do not have to file a protective order on their own. Seasoned local protective order attorneys may be able to help you file for a protective order as soon as possible. Once filed, the local sheriff’s office can serve the protective order and provide a signed statement ensuring that the service was completed.
You may seek a protective order through the Family Court or Criminal Court. To obtain a protective order from Family Court, you can file a petition for one against another individual through a family offense petition if your relationship with the individual falls under one of the following four (4) qualifiers: (a) you are related to the respondent by blood or marriage; (b) you are or were legally married to the respondent; (c) you have a child with the respondent; or (d) you are or were in an intimate relationship with the respondent. When the court decides if you are in an intimate relationship with someone, they look to various factors, including the nature or type of relationship (regarding whether the relationship is sexual in nature); the frequency of interaction between the persons and the duration of the relationship. Similarly, protective orders from Criminal Court are available if the subject is charged with an applicable offense.
You have the right to protect yourself from harassment and violence. It is a crime to violate a protective order. To ensure that all necessary precautions have been taken, seek out the assistance of a Troy protective order lawyer as soon as possible. Whether you were threatened, harmed, or harassed, the law affords protection from further abuse. If you are unsure how to proceed after a violent act or threat, contact our office for a complimentary one-hour consultation so you can move forward confident and safe from the threat of violence.
Colwell Law
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