Broadly speaking in New York, an order of protection is a decree issues by a court to restrict the conduct or behavior of a person who threatens or harms another individual. An order of protection is used in New York to address a variety of safety issues. These includes situations involving domestic violence. These cases oftentimes involve spouses or others in intimate relationships.
A number of courts in the state of New York have the legal ability to issue protection from abuse orders. These include family courts, criminal courts, and supreme courts in the state. An NY order of protection lawyer can provide information and representation when it comes to a situation involving threats and harm, including domestic violence.
Temporary Order of Protection
The first step in the order of protection process is an application for a temporary order of protection. No hearing is required before a temporary order of protection is ordered. However, a hearing date will be promptly scheduled when a temporary order is issued.
A NY order of protection lawyer can assist in the preparation of an application for a temporary order of protection. If the application is not properly completed, a judge could turn down a request for a temporary order of protection lawyer. This can unduly delay the process and require a person seeking this type of protection to start the process over from the beginning.
Order of Protection Hearing
Directly after a temporary order of protection is issued by a court, the order itself and a summons is served upon the subject of the decree. The summons list the date, time, and location of the hearing scheduled by the court on the matter of an order of protection.
The person who is the subject of the order of protection has the legal right to appear at the hearing and provide to the court his or her side of the case. That person is able to challenge the order itself.
The person seeking the order of protection presents his or her facts intended to support the decree. This can include testimony by other individuals who have evidence pertaining to the accusation of threats or harm contained in the initial application for an order of protection.
Final Order of Protection
If the person seeking the order of protection prevails at the hearing, a final order issued by the court. If the subject of the order violates the final order, he or she can face serious sanctions from the court.
Retain a NY Order of Protection Lawyer
If you feel you need to obtain a protective order, you best ensure that your rights are protective by seeking assistance from a skilled, experienced NY order of protection lawyer. By scheduling an initial consultation with a NY order of protection lawyer, you can learn more about the process involved in seeking and obtaining a protective order.
During an initial consultation, legal counsel will provide you an overview of the protection from abuse laws in the state of New York. An attorney will also answer your questions. As a general practice, you do not pay a fee for an initial consultation with an NY order of protection lawyer.
Can I change attorneys once the divorce is initiated?
It is a general rule, in any civil case, that you can change attorneys whenever you wish. All attorney client relationships are built on trust, responsibility, and respect. When the trust is broken, it’s hard for attorney and client to continue working together. In some cases the lawyer may choose to stop representing the client, and in some cases, the client may choose. This article addresses whether a client can change attorneys once a divorce is initiated.
In general, clients can change attorneys mid-case. If a client doesn’t believe his lawyer is being effective, he’s free to discharge the lawyer and find a new one. As long as the client is ok with it, the replaced lawyer can file a notice of withdrawal, which will absolve him from any further responsibilities. Upon withdrawal, the replaced lawyer has to return all of the client’s papers, and property – in addition to refunding any unused funds from the retainer. If you owe any fees to the attorney, then the lawyer is entitled to collect those – and may file a lien, if needed, to secure payments of the unpaid funds. The only exception to the rules surrounding changing attorneys is if you do this on the eve of, or during, trial. Unless you have a lawyer, who is immediately prepared to take over – without disrupting anything, and seamlessly able to insert himself into the trial – the judge will use his/her discretion to deny the request in changing lawyers.
When a lawyer is asked to represent a client, already in a case – he’s expected to do a ton of work, in a small period of time. Typically, the lawyer will ask for a significant retainer. In addition, the lawyer will need to spend a large amount of time, educating himself/herself, about the facts surrounding the case.
Even though you can replace your lawyer in a divorce trial, it doesn’t necessarily mean you should. If possible, you should do everything possible to salvage your relationship with the divorce lawyer you have already been working for.
Below are examples of legitimate reasons where you should consider firing the divorce attorney you are working with.
The attorney is unprofessional: If the attorney wastes time, doesn’t appear prepared ever, or is very organized, or is mishandling your billing.
The attorney doesn’t communicate: As the client, you have the right to ask the attorney for info. Your emails, phone calls, and questions should be answered promptly. You shouldn’t feel like your pestering the attorney!
The attorney doesn’t understand your case: Many attorneys only handle a certain type of law. If the lawyer you’re working with simply doesn’t get your case, due to lack of knowledge – it might make sense to change lawyers.
The attorney doesn’t seem dedicated to your case: Does it feel like you’re the one telling your attorney what to do, instead of the other way around? Some clients have mentioned this feeling, as if the attorney doesn’t care. This can be the start of a toxic relationship, and you should be clear. If this continues, you should probably consider hiring a new NYC divorce lawyer.
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