Lawyer for Protection (Restraining) Order for Harassment, Domestic Violence, Property, Business in New York
In the state of New York, individuals and companies can use the legal system to seek remedies and to obtain protection. While most people think of the civil court system as a system that allows them to sue for monetary damages, the courts can also do more than just order one person or business to pay damages to another. Courts can order bad behavior to be stopped. NYC Courts can do this when someone seeks an order of protection or when someone seeks an injunction.
Whether you are an individual being victimized by domestic abuse or harassment, a company that wants to stop a former employee from violating a non-disclosure agreement, or a business or person who wants to stop defamatory statements from being made, you can go to court and ask a judge to enter an order protecting you.
Simon Kabzan, Esq. can help in these situations or in any other situation where you need assistance from the courts. To find out more about how our New York order of protection lawyers can help you, give us a call today.
What is an Order of Protection?
An order of protection is a court order that may be issued by many different courts in New York. The Supreme Court, criminal courts and family courts all have the authority under state law to issue an order of protection. As the New York State Unified Court System explains, the court will issue an order of protection to limit behavior that is threatening or potentially harmful to another person or company.
Orders of protection, when granted by the courts, can prohibit many different kinds of behavior. The court could mandate that an offending person stop any kind of injuring or threatening behavior. Protective orders could prohibit an offending person from approaching not just the person who obtained an order of protection, but also that person’s family, friends, and pets. Orders of protection could also result in the offending person being prohibited from having a gun and could mandate the offending person move out of a shared family home.
Orders of protection can not only prohibit someone from engaging in threatening behaviors, but could also require affirmative, positive behaviors. For example, a court could order child support to be paid or could order a parent to comply with a custody agreement.
How Can You Obtain an Order of Protection?
The process of obtaining an order of protection can vary depending upon the justification for the court order and the desired legal remedy. For example, in cases of domestic violence, the family court could enter an order of protection.
However, the family court will take action and issue an order only if the offending person has had an intimate relationship with the person seeking the protective order and/or only if the offending person is a current spouse or former spouse; the other parent of a shared child; and/or a family member related by blood or marriage. When the family court does take action, it does so as part of a civil court proceeding in which violence or threats of harm are alleged. A Family Offense Petition must be filed in family court by the person who is seeking the protective order.
Other kinds of orders of protection can be issued by different courts under different circumstances. A criminal court order of protection, for example, is entered by a criminal court and is only entered by that court against a defendant who has been charged with breaking the law. Prosecutors in criminal cases routinely request that the court grant orders of protection for victims and may sometimes request an order of protection for witnesses.
The New York Supreme Court can also enter orders of protection, including entering such an order during divorce proceedings after one of the parties to the divorce has made an oral request at a court appearance or has submitted to the court either a Motion or Order to Show Cause.
Both individuals and companies need to know when they are likely to be granted an order of protection and what legal process is the right one to ask the court to compel behavior or to stop harmful behavior. A New York order of protection lawyer can provide assistance in making a decision on which court to ask for help and can provide assistance in putting together a compelling case that a protective order is justified.
What Happens if an Order of Protection is Violated?
When an order of protection is put in place, violating the terms of that court order can be considered criminal conduct. The police will respond when they are called because an order of protection is not being obeyed. The violator will typically be arrested for breaking the law. It is important to realize that simply approaching when prohibited or engaging in any other non-violent violations of the order of protection can still be considered illegal.
Many people who obtain orders of protection for domestic violence believe they will have legal remedies only if they are physically hurt again. This is not true. Simply disobeying the court’s order in any way is against he law.
Getting Help from a New York Order of Protection Lawyer
Orders of protection are powerful legal tools because they allow someone who would otherwise become a victim to take proactive steps to obtain a legal remedy. A person or company who seeks an order of protection simply asks the court to protect their interest by stopping behavior that could be abusive or harmful.
Simon Kabzan, Esq. – a NY restraining orders attorney – can provide the necessary help to determine if it is possible to pursue this type of legal remedy and to determine which court is the best one to ask for an order of protection. Our New York order of protection lawyers will also assist in making compelling arguments and presenting strong evidence that a protective order is justified.
To find out more about how our firm can help you with all court matters so you can take full advantage of legal protections available to you, give us a call today.