NYC Orders of Protection Lawyers
At Spodek Law Group, we are highly dedicated towards providing help to anyone that is going through divorce. In general, divorce can be one of the most difficult things to go through in life. This is made all the more difficult if spousal abuse or any type of domestic violence is currently ongoing. We aim to provide you with everything you need in order to get through your divorce as efficiently and quickly as possible. When you’re going through a divorce, one of the many issues that can arise is the need for an Order of Protection. An Order of Protection is often necessary for instances where abuse, stalking, harassment or other forms of violence are taking place among the soon to be divorced couple. An Order of Protection provides coverage for the person that is being abused and protect them from their abuser. We aim to listen to your needs and ensure that you receive the Order of Protection you need.
Why Seek an Order of Protection?
Ending a marriage requires courage for anyone, but doing so while being abused can seem like a nigh on impossible thing to do. We at Spodek Law Group want to ease your worries in any way possible and make the transition from married to single as smooth as it can possibly be. Seeking an Order of Protection is one of the primary civil orders available to those suffering from abuse or any kind of violence that will ensure that you are at least safe during the divorce process. An Order of Protection will also cover any child of yours that is still considered to be a minor. Once you have hired us to attempt to get you an Order of Protection, everything we do from that moment onwards is entirely in your interest. We will act immediately and will do all that is in our power to resolve your case in the manner that best serves you. When you are going through a divorce that is fraught with abuse, it’s impossible to think clearly, which is why it is essential that we are there to help you through everything.
When you’re considering seeking an Order of Protection, it’s important to understand during what situations an Order of Protection is applicable. Any act that can be defined as physical abuse or simply harassment that causes you emotional distress will fall under the prevue of an Order of Protection. Intimidation of a dependent, interference with your personal liberty and willful deprivation that puts you at risk of emotional, mental or physical harm are all acts that would provide us with the ability to seek an Order of Protection for you. When you come to us for help, we want you to fully understand all of the options that are at your disposal, so that we can help you to make the right choice for your specific situation. When it comes to an Order of Protection, there are three different types that you have the option to pursue upon hiring us.
The first of these options is known as an Emergency Order. This type of order can be sought by going straight to the judge, without the abuser even having to be in court or notified before the order takes place. This is done primarily in cases where it is thought that the person seeking the Order of Protection would be put into immediate danger were the other party to know that they were going to file for an Order of Protection. This Order will last for 2-3 weeks until a full hearing can be held for a lengthier Order of Protection. Upon hiring us, we will help you to present what is necessary to the judge in order for them to clearly see that your immediate danger outweighs the hardships dealt to the abuser once they are removed from their home, as the home is provided to you once you have received an Emergency Order.
The second order is known as an Interim Order. This does not require a full hearing. However, the person accused of being an abuser must have the opportunity to show up at the court to present their case to the judge before you are provided with this Order. This is primarily given to those that have just gotten through the Emergency Order, but are having to wait a small amount of time until a full hearing can be held. The coverage for this Order lasts up to 30 days. The final Order is the Plenary Order. This can be issued only after we have presented your case in a full court hearing, as both entities will have a chance to present evidence. Once this Order has been issued, it lasts for up to two years and can be renewed however many times it is necessary. If, once we sit down with you, it is found that this is the best type of Order for your situation, we will aggressively pursue your case in the full court hearing to ensure you are issued an Order.
How Do I Receive an Order of Protection?
There are a number of steps that are required once we have settled on what type of Order of Protection is necessary for your case. The first step on the list is going straight to the court nearest to where the abuse occurred. Once at the court, we will help you in requesting a petition and then filling out all of the requisite forms that will provide you with an Emergency Order. It is our duty to make sure that all of the forms you need to fill out are error free and filed correctly, which we will do efficiently. This petition is then taken in front of a judge, who then looks at the petition and decides whether or not to grant it. Once the Order has been granted to you, papers will then be served to the abuser about any future hearing dates that they are required to show up for, as well as what terms are in place with the Order. This is done so that they can be arrested and charged for a crime if they ever violate the Order of Protection.
After this, you must go to the hearing. However, we will be there with you to ensure that you are calm, collected and ready to proceed with the matter at hand. In fact, we will prepare you before the hearing ever begins, in order to make sure you are ready to present your case. Throughout all of these steps, we will be right there with you so that you will know both your present and future are in good hands. Our law firm will look over every tiny detail of the case that you bring to us as a means of finding out which option is best for you and understanding what parts of your case can be used for your advantage once a hearing comes to fruition and which parts of your case might make it more difficult for you to be granted an Order. We prepare for any eventuality so that you don’t have to.