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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.