Leaving a violent relationship is extremely difficult; much more so than people tend to believe. It’s easy to say, “well, just leave him”, but when you’re the victim of domestic violence, the most dangerous time is when you leave and directly afterward. Here are some tips on how to get out of a dangerous marriage on Long Island.
Domestic violence is, unfortunately, a common theme in divorces. The National Coalition Against Domestic Violence reports that 1 in 7 men and 1 in 4 women have been the victim of domestic abuse. While being sensitive to victims of violence is of the utmost importance, not all accusations of domestic abuse are truthful. In some cases, one spouse will attempt to gain control over the other by alleging abuse. The state acts quickly to remove perpetrators of violence from the home in an effort to protect victims, making it easier for a disingenuous spouse who wants to keep the marital home or gain sole custody of their children to do so without much of a fight.
Here’s what you need to know about how to prove your case of false allegations.
An order of protection, commonly called a “restraining order” on Long Island, is a legal tool that can be used in cases of harassment and violence between people who share a relationship. When should you get an order of protection, and more importantly, when can you? (more…)
Sadly, many cases of divorce on Long Island arise from situations of domestic violence. Too many of them are legitimate cases of violence, and some are false accusations driven by the desire of one person to gain control over the other. Whether you’re working toward proving that the violence occurred or you’re fighting unjust accusations, you’ll need evidence on your side. Here’s what you need to know about proving domestic violence in a Long Island divorce case and what types of evidence can be brought forward. (more…)
When someone harms or threatens you or your child, you have the option to seek an order of protection against them. This legally limits their behavior and imposes consequences should they attempt to come near you. Orders of protection are common on Long Island in cases of divorce involving domestic violence, child abuse, and other situations where safety is an issue. (more…)
As an experienced Long Island Divorce and Family Law Attorney, we see countless clients come to us seeking advice on obtaining an Order of Protection (OP).
Orders of Protection are court-ordered documents that require the respondent (the abuser) to stay away from or refrain from contact with the petitioner (the victim of abuse). Family Courts in Suffolk County, Nassau County or any other county in New York are the most common forum in which to seek an Order of Protection. In order for the Family Court to grant an Order of Protection, the respondent must have committed a family offense.
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As an experienced family law attorney on Long Island I receive a lot of questions about Orders of Protection. Here are answers to some of the most frequently asked questions about orders of protection.
If someone close to you, such as an intimate partner or a family member, is abusing you, you may be able to obtain an Order of Protection against them. An Order of Protection is a court order that will require the abuser (the “respondent”) to stop abusing the victim (the “petitioner”), and may also contain additional instructions that the respondent must follow.
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Domestic Violence and Orders of Protection on Long Island, New York
As a family law attorney serving Suffolk County and Nassau County residents of Long Island, I am saddened to see a number of domestic violence cases each year.
For a person experiencing family violence, including threats or other abusive behavior, an Order of Protection is a helpful tool that can help to limit the behavior of the offender.
In Suffolk County or Nassau County Family Court, these orders are often between a current and former spouse, a person with whom the victim has a child in common, another family member related by either blood or marriage, or a person with whom the victim has had an intimate relationship. Many Orders of Protection in New York are “limited” in that they allow contact between the offender (also known as the respondent) and victim (also known as the petitioner) so long as there is no harassment, physically abusive behavior, or other intimidating or threatening conduct.
Orders of Protection Vary in Nassau County and Suffolk County Family Courts
Orders of Protection can vary greatly depending on the circumstances of each case and the reason the order is needed. Orders of Protection can instruct an offender to “stay-away” from the victim and the victim’s children and/or to “refrain from” certain abusive behaviors or activities. In certain circumstances, an Order of Protection may direct the offender to move out of the home in order to protect the victim. An order will likely direct the offender to refrain from threats, intimidation, or physical abuse. The Order of Protection can also instruct the offender to follow custody orders, pay child support, to not have a gun, or to stop calling or texting the victim.
In Suffolk County & Nassau County, Orders of Protection Issued by Family Court, Criminal Court & Supreme Court
Orders of Protection may be issued by the Family Court, Criminal Court, or Supreme Court. The existence of any other legal proceeding involving the parties may determine which court issues the Order. For example, for couples involved in a divorce, an Order of Protection may be issued in Supreme Court where the matrimonial proceeding is pending. For parties involved in a domestic violence or other criminal charge in Criminal Court, the Criminal Court may issue the order. And, finally, a family member may petition the Family Court for an Order of Protection.
Family Offense Petition
In Family Court, the victim may wish to file what is called a “Family Offense Petition.” The petition should contain all of the relevant information, including the conduct and behavior that caused them to believe the protective order is necessary. Once the petition is filed, a temporary order of protection may be issued until the other party has a chance to appear in court. Once the court determines that, based on the petition, an Order of Protection may be necessary, both parties will be asked to appear in court. The judge will decide which terms and conditions are to be included in the order based upon the nature of the offense and conduct in the petition.
Orders of Protection Can Be Useful Deterrents for Abusive Behavior on Long Island
An Order of Protection is often a useful deterrent for abusive behavior. It is a crime to violate an Order of Protection. The Order acts as probable cause for an arrest if police are called to a scene of a domestic dispute. This means that the police will not have to use judgment in determining whether to arrest the offender at the scene; the order of protection will allow the police to arrest if it appears that the Order of Protection is being violated. Any violation of an Order of Protection can result in new criminal charges. It is important for offenders to know that even if the victim/petitioner initiates the contact, it does not excuse the violation of the Order of Protection.
If you believe that you may need an Order of Protection, or if an Order of Protection has been issued against you, it is important that you speak with an experienced attorney to know your rights and options. The Law Office of Hornberger Verbitsky, P.C. can assist you with your Family Law and Divorce Law matters in Nassau County and Suffolk County. Contact our office at 631-923-1910 or fill out the short form on this page to schedule your free consultation.
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced family law lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
Do You Need an Order of Protection on Long Island?
As a Divorce Lawyer on Long Island, I’ve seen that some Nassau County and Suffolk County Divorces proceed quickly and smoothly; the parties agree on everything, their divorce attorney drafts the necessary paperwork, the parties execute all documents and the paperwork is submitted to the Court in Nassau County or Suffolk County. This is the desire of the majority of clients who walk into my office, and I am more than pleased when their matter proceeds as described.
However, a number of my Long Island divorce clients cases precede nothing like the above, and at times, spouses may be afraid of one another. If you find yourself in a situation where you are in fear for the safety of yourself or your children as a result of your spouse’s actions, the following are the most common routes to ensure you and your children are protected.
1. Call the local police department. If you find yourself in the midst of an argument with your spouse and you begin to fear for either your physical or mental well-being, dial 911 and call the police immediately. Upon the police’s arrival, they will take what is called a Domestic Incident Report. You will be the complainant, and the police will ask you for a description of the event, or events, that took place. While you may hope your spouse gets arrested on that spot, his or her arrest will depend upon the severity of the incident. But do not lie about what occurred in the hopes you will get your spouse thrown in jail. Be truthful and honest, as you may be required to annex a domestic incident report as an exhibit in a later court filing.
2. File for an Order of Protection in Nassau County or Suffolk County Family Court. If your spouse’s troublesome behavior is routine and consistent you may file for an Order of Protection in the Family Court of the county in which you reside. There are two types of orders of protection: a Stay Away and a Refrain From.
a. A Stay Away order of protection directs the subject of the order to “stay away from” the petitioner’s residence, place of employment and the petitioner themselves. If you are granted a “stay away” order of protection against your spouse, he or she will be required to vacate the marital residence.
b. A Refrain From order of protection directs the subject to “refrain from” engaging in the behaviors which brought the matter in front of the Family Court in the first place. If you are granted a “refrain from”, your spouse is not required to vacate the marital residence, however, if they violate the order, you can call the police who will likely arrest your spouse for said violation.
3. File in the Supreme Court for Exclusive Use and Occupancy of the Marital Residence. At times, I will direct clients to file for an order of protection in Nassau County or Suffolk County Family Court and they will either be denied said order or receive a refrain from. On occasion, clients are satisfied with the refrain from order, however, some are still in fear of their spouse’s behavior and want to know what other remedies are available to them.
My next step in these instances is to file an Order to Show Cause for Exclusive Use and Occupancy of the Marital Residence in the Supreme Court. This is a motion which, if granted by the judge, provides the relief requested immediately. This will also ensure that your spouse can no longer enter the marital residence. Generally, parties are not required to appear on the initial date of filing of an Order to Show Cause; however, the Judge may require a party’s appearance in extreme cases. If you previously filed domestic incident reports or orders of protection against your spouse, these will most likely be annexed to the motion as an exhibit.
If you are going through a Nassau County or Suffolk County Divorce and are afraid of your spouse make sure you speak to your Long Island Divorce Attorney about the remedies available to you. Divorce cases are not one size fits all, and therefore what was appropriate in your friend or family member’s matter may not be appropriate for your case.
For more information about how to protect yourself and your children during your divorce in Nassau County of Suffolk County, contact an experienced Long Island divorce attorney. Long Island’s Robert E. Hornberger, Esq., PC and his compassionate and experienced divorce lawyers can help. Call us at 631-923-1910 for a complimentary, confidential consultation or fill out the short form on this page and we’ll get right back to you
Our 41-page “Guide to New York Divorce: What You Need to Know Before Hiring a Divorce Lawyer in New York” written by an experienced divorce lawyer Long Island’s Robert E. Hornberger, Esq., provides you with real information on the divorce process and the laws it rests upon in the state of New York. This book will help give you a solid foundation upon which you can begin the process of making your family’s, life better. Download your Free Guide to New York Divorce here.
While it is likely that all divorces occurring on Long Island cause some emotional distress, some are extremely turbulent and cause more emotional harm on one or both spouses and their children than you might anticipate. If you find yourself in such a situation and fear for the physical or emotional health and safety of either you or your children, you may consider obtaining a temporary Restraining Order or an Order of Protection against your partner through the Nassau County or Suffolk County Court System.
What is an Order of Protection?
When people think of an Order of Protection most minds tend to jump to domestic violence cases. While these certainly occur, you do not have to have a pending domestic violence suit to obtain an Order of Protection in Nassau or Suffolk County, NY. An Order of Protection protects you and your family, and most importantly your children, from the harassing or threatening behavior of your partner. The individual against whom you have obtained the order can be prohibited from entering your home, workplace, and even the school your children attend. Orders of Protection can be particularly helpful in divorce cases, an Order of Protection can order your spouse to pay child support or even move out of the family home if you are both still residing together.
Are There Different Types of Orders of Protection?
Orders of protection do not come in cookie cutter form; they are individually tailored to meet the specific needs of your situation. Important to one seeking an Order of Protection are the outside circumstances that led one to do so. If there are instances of domestic violence in your relationship, you will need to file for the Order of Protection in the Nassau or Suffolk County Family Court. Keep in mind that in order to obtain an Order of Protection in family court, the individual against whom you are seeking the order must be either your spouse (current or former) or the other parent of your child.
Hopefully, you are not in a situation that involves domestic violence, and if that is the case, you will then need to obtain your Order of Protection through the Nassau or Suffolk County Supreme Court. In this case, your divorce attorney should attempt to obtain the Order of Protection while the divorce proceeding is ongoing by either making a motion to the court or orally requesting the order during a court proceeding.
Is an Order of Protection Right for Me?
Whether or not you need to obtain an Order of Protection against your spouse is a purely personal decision made based upon the facts of your unique situation. If there is domestic violence involved, obtaining an Order of Protection may be the first step to ensuring the physical safety of both you and your children. If you are not involved in a domestic violence situation, and you desire the Order of Protection to force your ex-spouse to comply with the divorce judgment, the decision may not be such an obvious one. You should consider why your ex-spouse is not complying with the divorce judgment; maybe he or she lost a job or has been having recent health problems.
How Will the Order of Protection Affect Your Children?
Also consider the effect that obtaining an Order of Protection against your ex-spouse will have on your children. If your ex-spouse already is not complying with the terms of the divorce judgment and failing to follow a child custody or child support arrangement, it is likely that your child is already aware of this and feels poorly. It would be important to consider how an Order of Protection would make your child feel; either good that his or her parent is now spending time with them or poorly because they know it is forced. Every child and every situation is different; there is no correct answer.
What if the Order of Protection is Violated?
If the individual disobeys the order and you call the police, there is the potential that he or she will end up in jail. While some classify an Order of Protection as “only a piece of paper” the threat of jail time for violating the Order often deters many individuals from doing so. However, jail is not always the solution a court finds appropriate to violations of an Order of Protection. Depending upon the circumstances and how often the Order of Protection has been violated, a court may determine that jail is not appropriate, but rather, will alter the existing Order of Protection to make it more effective.
If you have questions or need assistance with obtaining an Order of Protection against your spouse in Nassau County or Suffolk County, we can help. Give us a call at 631-923-1910 or fill out the short form on this page for a free, confidential, consultation in the safety and security of our offices.
