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How to Get an Order of Protection on Long Island

by | Jan 2, 2019 | Domestic Violence, NY

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.

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What Can an Order of Protection Do for You on Long Island?

An order of protection can do more than order someone to stay a certain distance away from you. They can be barred from threatening you or harassing you, be compelled to move out of your home, adhere to custody and child support orders, and be stripped of their right to gun ownership. You may also be able to request a term of your own that the judge may grant. Whether an order of protection is temporary or final, it is a crime to violate its terms. If the subject of an order of protection does violate the terms of the order, you have the option to call the police or file the violation with the Family Court.

The subject may be arrested or a bench warrant filed. The violation of an order of protection on Long Island, New York, depending on its nature, may charged as:

  • Criminal contempt in the second degree, which is a class A misdemeanor and punishable by up to one year incarceration and up to a $1,000 fine.
  • Criminal contempt in the first degree, which is a class E felony and punishable by up to four years incarceration and up to a $5,000 fine.
  • Aggravated criminal contempt, which is a class D felony and punishable by up to seven years incarceration and up to a $5,000 fine.

How to Get an Order of Protection on Long Island

If you or your children have been the victim of domestic violence, threats, harassment, or other criminal behavior, you can request an order of protection to be filed. To be considered eligible to file an order of protection, you must be the current or former spouse of the subject, share a child with the subject, have or have had an intimate relationship with the subject, or the subject must be a family member related to you by blood or marriage. You cannot file an order of protection against someone with whom you have no intimate or familial connection.

To start the process of getting an order of protection, you will first need to fill out a family offense petition. The family court on Long Island can assist you with the completion of the form, which asks you to list the incidences of violence or threats against you or your children. It’s important you be as detailed and specific as possible when completing the form. Describe each incidence, what happened, what injuries may have resulted, and particularly if any weapon was used during the incident. If there are multiple incidents, you should include the first incident, the last incident, and the worst incident. You can also contact an experienced Family Law Attorney for help getting an order of protection.

Typically, a temporary order of protection is ordered first and covers you until your next court date. The judge can extend the temporary order of protection until your next court date, or order a final order of protection. A final order of protection is not permanent though, contrary to popular belief. It can last either two or five years, and may order the subject to pay restitution, medical expenses resulting from abuse, or participate in a drug and alcohol abuse or batterer’s program.

Contact Our Long Island Divorce Law Firm

Protecting your family is of the utmost importance. When you or your child has been the victim of domestic violence, abuse, threats, or harassment, we can help you obtain an order of protection that can give you peace of mind knowing that the offender can no longer do those things without serious penalty. Contact our Long Island Divorce and Family Law firm today for more information or to schedule a free consultation at 631-923-1910. We will fight for your rights, protect your future, and treat your family as if it were our own.

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