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How to Get Temporary Child Custody with an Order of Protection in NY

by | Jan 2, 2024 | Child Custody NY

When you’re feeling threatened in any way, an Order of Protection can be an incredibly valuable legal tool to protect you from the threatening party, even if that party is your spouse or ex-spouse. What happens, though, when you pursue this order, and there are children involved?

First, let’s be clear. If your safety or that of your children is at risk, request an Order of Protection immediately and report the crime to the police. Our experienced Long Island, NY family attorneys can help you every step of the way through this process.

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What Happens When You File an Order of Protection?

AnOrder of Protectionis assigned specifically to mitigate your risks. It can order a person to stay away from you, the protected person, and have no contact with them. It serves as a warning not to commit any acts that would be considered harmful to that person.

There are two specific types of orders that may apply:

  • Stay-away orders:These require that the named party not have any contact with the protected individual. That includes both direct contact as well as through third parties. That may include social media or texting, for example.
  • Refrain-from orders:Sometimes referred to as limited orders, this type of legal requirement requires the named party to refrain from certain acts or offenses related to the protected party. That includes stalking, harassing, or assaulting. Anex-spouse cannot bully you, for example.

Our legal team will work with you to pursue the best type of protection order for your situation so that a Nassua County or Suffolk County court judge will issue the most appropriate type of order for your situation..

How Does Child Custody Play a Role in This?

The next consideration is child custody. If you file an Order of Protection in a Long Island, NY court, you can request that the court provide you with temporary custody of your children. Depending on how the judge writes the Order, it may provide some provisions for visitation and may still require payment for spousal or child support. It may protect parental rights as outlined in a divorce settlement, but the details matter here.

For example, if the court determines the child is at risk for being abused in any way, the Order of Protection could require further investigation and a pause to such visitation if there is danger to the child.

Will a Judge Strip Custody If an Order of Protection Is Awarded?

Unfortunately, there are many situations where these types of Orders are necessary because of child abuse or domestic violence. When that is the case, a judge will use that information in evaluating anyvisitation or child custody rights. The job of the judge is ultimately to determine what is best for the child.

If the Order of Protection is not based on violence and seems to be a dispute between just the parents, the court may not automatically eliminate custody or visitation of a child. They may, however, modify how that visitation occurs in stay-away orders to prevent the interaction between parents.

Here Is Why You Need a Family Law Attorney on Long Island, NY

An Order of Protection is a serious legal remedy. When you petition the court for an Order of Protection, you need to provide as much detail and a compelling reason for it. That often means having evidence, witness statements, and comprehensive information that can show the court there’s a real risk here. To ensure that temporary custody is awarded to you in these situations, you also need to show that there’s a risk to the child in the current situation.

This is not simple to do. Our experienced and knowledgeable family law attorneys can provide you with comprehensive help:

  • Determine which court to seek help in. Family court tends to focus on family offenses such as harassment, sexual abuse, disorderly conduct, and reckless endangerment claims. The criminal court will focus on abuse protective orders, which are often issued at the time of the party’s arraignment.
  • Provide you with support in proving your case. We will work with you to present all evidence available to prove what occurred to you was unjust and warrants this order placement.
  • Provide the judge with a reason to award temporary custody. Our family attorneys will then work to show the court that awarding you child custody is a critical move to protect your child.

Don’t make themistake during child custody battlesto assume you can prove your case. Let us help.

What You Should Do Right Now to Protect Yourself and Your Children with an Order of Protection

At Hornberger Verbitsky, P.C., we recognize the risks you are facing and your need for immediate, confidential help. Don’t assume that filing for temporary custody or an Order of Protection is going to be a simple, straightforward process. We can and use the full power of the law to protect your rights and the rights of your children. Contact us now for afree initial consultationand case evaluation. Our team is ready to help you when you call 691-923-1910.

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About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University
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Melissa Rappa
Melissa Rappa
18:09 08 Feb 24
At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.
Paul Carmichael
Paul Carmichael
16:21 11 Dec 23
I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.

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