Orders of Protection in Queens
Attorneys Helping with Restraining Orders
An order of protection, or restraining order, will prevent contact between the accused and his or her victim. At Levi Divorce & Family Law Attorneys, our Queens-based family law attorneys help clients obtain restraining orders and defend against false accusations.
Serving Queens, the Bronx & Manhattan
If you are being abused, threatened, stalked, or harassed by a family member, your child's other parent, or by anyone else with whom you have a close relationship, there is help. An order of protection, or restraining order, will force the offender to stop the negative behavior or face legal consequences.
Our attorneys at Levi Divorce & Family Law Attorneys have helped clients throughout New York protect themselves and their children from hurtful behavior. Clients turn to us when they have been hurt or fear future harmful action against themselves and their children. Our lawyers act fast to stop the offending behavior by filing for a temporary order of protection in family court. Once the order has been granted, the abuser must cease all contact with his or her victim or face arrest.
A hearing will be scheduled to make the order of protection permanent. Because this order will be permanent, our attorneys take the time to make sure our clients understand the long-term effects a permanent order of protection will have on their lives. If our clients decide to pursue a permanent order, we tenaciously represent their interests at the hearing to stop abusing behavior permanently.
Types of Restraining Orders in New York
In New York, there are two types of restraining orders:
- A temporary ex parte order of protection; and
- A final order of protection.
Individuals can file for a restraining order in various ways. If you report domestic violence to the police, an officer may take you to file for a restraining order after arriving at the scene. Otherwise, you may wish to visit your local family or criminal court and file for an order of protection yourself.
You can obtain a temporary ex parte order without the other party being present. If a judge believes that an alleged survivor/victim is in immediate danger of suffering from further abuse, they can issue a temporary ex parte order. A temporary order can:
- Prevent the alleged abuser from being within a certain victim of the alleged survivor/victim and their friends, family, or workplace;
- Order the alleged abuser to vacate a living space the parties share;
- Award the alleged survivor/victim with emergency custody of any children the parties share;
- Order the alleged abuser to discontinue their behavior;
- Order them to give up any weapons, such as firearms, that they own;
- Award the alleged survivor/victim a police escort to collect any belongings they wish from the alleged abuser's residence;
- Order the alleged abuser to return any property the alleged survivor/victim owes to them, such as their phone, credit card or wallet, etc;
- Take any additional measures the judge presiding over the case thinks necessary to safeguard the alleged survivor/victim from further abuse.
After issuing a temporary ex parte order or receiving a filing for a domestic violence case, the court will establish an official hearing date.
At the hearing, both parties may appear to share evidence supporting their case or against the other party.
If, at the end of the hearing, the judge deems that the alleged abuser is indeed guilty of abuse, they may award the survivor/victim with a final order of protection. Final orders can last up to five years, and the survivor/victim may be able to request an extension depending on the circumstances of the case.
Our New York domestic violence attorneys will work with you to ensure you receive the legal protection you need throughout your case, shouldering the burden, so you don't have to.
Defending Against False Restraining Order Accusations
If you have been accused of abuse or threatening abuse against your current of former spouse, the other parent of your child, or any other family member or person with whom you have an intimate relationship, you are facing a serious accusation.
Having a protective order not only interferes with your ability to interact with your accuser, it may also interfere with your employment and prevent you from exercising your custody rights and visitation time with your children. We defend clients during protective order hearings to ensure their parental rights are preserved.
Don’t wait to file your restraining order. You can rely on our speedy service when you call our Queens order of protection lawyers at (718) 215-0121. We offer same-day appointments.