Millions of people live in New York City. Some of those persons could be dangerous. Not all dangerous people are strangers. Spouses going through divorce proceedings may find the relationship between them comes with an element of potential or realized violence. Perhaps violent behavior motivates the prime reason for the divorce.
The Issue of Violent Behavior
An order of protection can be issued if one spouse feels he/she is threatened by another spouse. Different courts may issue an order of protection. In divorce proceedings, the family court would process the request. An order of protection, in essence, bars certain behaviors on the part of one spouse. He/she may be denied contact with the other soon-to-be ex-spouse or may be required to relinquish firearms.
Procuring an Order or Protection
A specific form must be filled out and presented to the judge in NY family court. The form allows the petitioner to clearly spell out the specific dangers the other spouse presents. The judge can review the document and render a decision based on both the content on the form and any arguments brought forth by both attorneys. Questions about any children the two parties may have together would be noted on the form. Things can become complex when filing for an order of protection and custody rights must be addressed.
Clearly, the filing of an order or protections reflects a very serious situation between the two divorces parties. Retaining the best possible attorney to stress the seriousness of the situation becomes critical in order to arrive at the desired — and appropriate — result.
Dangers of Violence and Stalking
Domestic violence presents a threat to the life and safety of the person targeted for the violence. Dissolving a marriage helps the process of getting away from an abusive spouse. The danger a spouse poses might not go away after a separation or when divorce proceedings take place.
In some cases, the violence might commence after the divorce is initiated. Stalking and other threatening behavior might take place. Living in great fear over the potential escalation of violence can be enormously stressful and frightening. Seeking protections from the court makes sense for those dealing with such fear and worry.
Filing the petition for an order of protection and presenting all the facts of the case to the court should increase the chances of a favorable outcome.
The other spouse might argue against the order of protection for any number of reasons. Again, the best possible counsel must be retained in order to improve the likelihood of a preferable decision.
Addressing False Claims
What happens if the claims made about a spouse in an order of protection petition are false?
As unfortunate it may be, a spouse could make false claims in court. Among those false assertions would be false claims of violence. An experienced attorney understands how to counter the false claims and do so in a professional and compelling manner. Counterarguments do need to be believable. A skilled attorney should be able to put forth the necessary credibility for the counterargument to carry weight.
Contact Experienced Counsel
The critical nature of filing or disputing an order of protection in New York City must be placed in the most capable of legal hands. Planning a meeting with an attorney to better discuss matters likely should be done without unnecessary delays.