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How to Protect Yourself & Children from Abusive Ex

Order of Protection and Child Protective Services are Two Available Options
Contact Us for a Free ConsultationCall 631-923-1910

 

Unfortunately, at our Long Island Family Law firm we see far too many situations in which a parent needs to protect him or herself, and/or his or her children from an abusive partner or ex-partner. Below are two options available to anyone who needs to seek protection from an abusive ex-partner.

#1. File an Order of Protection:

An Order of Protection, sometimes referred to as an OP, is a court order that will direct one party to stay away from the other, or, to refrain from engaging in certain activity directed at the other.  An Order of Protection may also contain additional instruction that the abuser must follow, such as refraining from the place of business of the victim or refraining from any telephone contact, etc.

All Abuse is Not Physical

There is a common misconception that in order to qualify for an Order of Protection the abuse must be physical. While physical abuse such as punching, kicking, slapping and choking are certainly unacceptable and subject to an Order of Protection, other forms of abuse are also not tolerated. These other forms of abuse may take shape as emotional, mental or even financial abuse. All listed forms of abuse are patterns of behavior that can be dealt with in an Order of Protection in a Long Island court.

You can receive an Order of Protection by filing a Petition with a court of proper jurisdiction. Once the Petition is filed, the abuser will be served with legal papers. A county sheriff will personally serve the papers on the abuser so that the court can ensure the abuser receives notice of the Petition and has an opportunity to be heard at the hearing.

Temporary Orders of Protection Are Immediate

Immediately upon filing the Petition, a Temporary Order of Protection will be put in place until a hearing is held. This hearing could occur the very next time you appear in court, but it could also be held after a few more appearances. Whether the former or latter, the Temporary Order of Protection will remain in place until your hearing. Once a hearing is held, if a final Order of Protection is granted, it will be effective for two to five years. If the abuser violates either Order of Protection (Temporary or Final) the victim should immediately call the police. The abuser will be arrested and put in jail.

#2. Involve Child Protective Services in the Matter:

Child Protective Proceedings are initiated to determine whether a child is or may be in danger of abuse or neglect. Abuse is defined by Long Island courts as any behavior that results, or is likely to result, in serious physical injury to the child, or any sexual offense. If child abuse is suspected by anyone, including school faculty, doctors, social workers, or family members, the suspicion may be reported to Child Protective Services (CPS). If you believe that your partner or ex-partner may be abusing your children, you should immediately report it to CPS. If CPS determines that the child is the subject of abuse or neglect after its investigation, the appropriate action will be instituted in the Family Court.

Depending on the circumstances of each case, possible outcomes of Child Protective Proceedings may include placing the child in foster care while services such as parenting classes are provided to the abusive parent or the court may decide to release the child to a fit and willing relative who will care for the child. Some of the proceedings will require the parent or guardian address and correct problematic behaviors, such as anger management or substance or alcohol abuse.

While Child Protective Proceedings are some of the most sensitive matters involved in practicing Family Law, our Long Island Family Law Firm has had many years of experience assisting Long Island families in these matters. Parents are entitled to certain rights when it comes to their children, but the court’s first and foremost concern will always be the safety and well-being of the child. It is thus very important to have an experienced Family Law Attorney assist you in balancing these two doctrines so that both you and your child are safe and happy.

Get Your Free Consultation with an Experienced Family Law Attorney

Because of the very sensitive nature of abusive situations, it is critical that parents seek the counsel of a Long Island Family Law Attorney who has experience representing families such as yours. Our firm is experienced in representing parents in both Order of Protection and Child Protective Proceedings. If you are involved in either situation, please call our Office at 631-923-1910 and schedule your free consultation with our experienced Long Island Family Law Attorneys.

While physical abuse such as punching, kicking, slapping and choking are certainly unacceptable and subject to an Order of Protection, other forms of abuse are also not tolerated. These other forms of abuse may take shape as emotional, mental or even financial abuse. All listed forms of abuse are patterns of behavior that can be dealt with in an Order of Protection in a Long Island court or require the involvement of or Child Protective Services.

SCHEDULE YOUR FREE CONSULTATION TODAY

Call 631-923-1910 or fill in the form below

Long Island Divorce Law Firm partners Robert E. Hornberger, Esq. & Christine M. Verbitsky, Esq.Schedule your complimentary consultation and case evaluation with our experienced attorneys today.

When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.

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.

No Cost or Obligation

There is no cost or obligation for this initial consultation.

It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you.

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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

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