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How to Get an Order of Protection on Long Island

by | Jan 2, 2019 | divorce lawyer long island ny, Domestic Violence, Family Law Attorney, News and Events

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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At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

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Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!
Rob Spielmann
Rob Spielmann
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly


  • I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
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