As you contemplate pursuing a divorce, there are a variety of factors you need to consider. This particularly is the case if you are in the midst of a relationship that is abusive.
Abuse comes in different forms, including physical, mental, and emotional derivations. If you have been targeted with abuse during the course of your marriage, you may be interested in obtaining an order of protection. Indeed, you may be in need of an order of protection before you proceed headlong into a divorce case. In the alternative, you may seek an order of protection at the start of divorce proceedings.
New York Law Governing an Order of Protection
New York law permits you the ability to seek an order of protection against your spouse, if the facts and circumstances warrant this type of judicial intervention. The law permits the pursuit of an order of protection when you have either been the subject of actual abuse or have been threatened with abuse.
Pursuant to New York law, a protective order can be sought in family court, which is the same venue in which divorce proceedings occur. You can file an application for an order of protection on its own in family court. In addition, you can file a motion at the commencement of a divorce case requesting the court issue an order of protection in conjunction with marriage dissolution proceedings.
Process of Obtaining an Order of Protection
As mentioned a moment ago, the process for an order of protection can start in one of two ways. Once the process commences, if the court believes that you have presented sufficient evidence, a judge issues a temporary order of protection.
The threshold for obtaining a temporary order of protection is not significant. You merely must demonstrate the nature of the relationship you have with the person you seek to restrain. In addition, you need to set forth some basic facts regarding abusive conduct, or threatening conduct.
At the time the temporary order of protection is issued, the court schedules a hearing on the matter. The court also issues a summons, which is served on the responding party.
At the hearing, you will be required to present evidence to support your contention that the other party is abusive, or threatens abuse. The respondent in the case is permitted to present evidence as well, evidence designed to counter your contentions.
In a good many cases, the parties to this type of proceeding will reach an agreement and enter into an agreed order of protection. In some instances, the final order mutually retrains both parties from having contact with one another.
Retain Legal Representation
If you have made the decision to seek an order of protection, you best protect your legal interests by engaging the services of an experienced New York order of protection lawyer. The first step in retaining legal representation from a New York order of protection lawyer is the initial consultation.
At an initial consultation you will be provided more information on the New York order of protection law. You will also learn more about the court process and how to enforce an order of protection once issues. As a general rule, there is no cost associated with an initial consultation.