Denied an Order of Protection? What You Could Do Next?

Denied an Order of Protection? What You Could Do Next?

restraining order

Unfortunately, the break down or emotional toll of certain close relationships leads to one party threatening or actually harming the other. Fortunately, In New York State, those victimized by such behavior might be able to obtain a legal safeguard against said subjects known as an order of protection. However, merely petitioning the Court for this legal instrument does not necessarily guarantee it will be awarded. 

Fass & Greenberg, LLP., divorce and family law attorneys in Garden City NY, invite concerned parties to read this brief discussion of protective orders and the steps individuals can take should their requests for such documents get denied.  

A protective order, which is sometimes also titled a restraining order, is a court order directing how one person may interact with another. In some cases, restraining orders prohibit all physical contact.  This is referred to as a “stay away” order, and can even prohibit any contact between persons, such as email, telephone, or texting.  However, under different circumstances, the restraint might only apply to certain places or conditions. 

The person against whom the order is issued must obey the associated provisions. Should said subject fail to abide by the mandates set forth, they are in violation and could be subject to penalties, such as arrest leading to incarceration, or even loss of child custody.

The Application Process

The victimized individual must petition to a family court for such an order.  Such a remedy is also available in Supreme Court where there is a pending divorce action.  The standard for the granting of such relief is high.  The petitioner must clearly demonstrate the party they are seeking the order against committed some type of egregious action warranting the action. Verbal abuse is often not sufficient, unless there are threats of bodily harm.  This task necessitates that the applicant produces suitable evidence. This task is often made easier by retaining the services of an experienced family attorneys in Garden City NY. Contact Fass & Greenberg, LLP today for representation.

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