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When Can You Get an Order of Protection on Long Island?

by | Jun 11, 2019 | Abuse, Domestic Violence, Family Law Attorney, Family Law Lawyer, News and Events

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?

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What Is an Order of Protection?

Essentially, an order of protection is a legal document that restricts the behavior of an individual deemed to have harassed or abused another individual with whom they share a close relationship.

Learn more about orders of protection and how to get one here.

What Does an Order of Protection Prohibit?

Each order of protection is unique, but the most common behavior that an order of protection prohibits is contact — via email, text, and in person. This document can include other restrictions, such as prohibiting:

  • The accused from visiting places you frequent, such as your children’s daycare or your place of employment
  • The accused from continuing to live in the family home
  • The accused from harming you, stalking you, or otherwise harassing you and/or your family members

An order of protection can also require the accused to pay any expenses you incurred as a result of their abusive or harassing behavior, and can mandate that the accused enter an appropriate rehabilitation program.

When Can You Get an Order of Protection?

An order of protection can be issued any time of day or night by the police department, or you can file for one in your local family court. An family law attorney can also help you file your order of protection.

You can get an order of protection when:

You’ve Been the Victim of Harassment or Abuse . . .

Some, but not all, types of harassment or violence that qualify for an order of protection on Long Island include:

  • You received threats via phone, text, email, or another method of communication
  • You were physically harmed by someone
  • You were verbally, emotionally, or sexually abused by someone
  • Your property was maliciously damaged or destroyed
  • You have sufficient reason to believe you are being stalked

By Someone You Have an Intimate Relationship With

To qualify for an Order of Protection on Long Island, the abuse or harassment must have come from someone with whom you have or have had an close relationship with. For example, you are generally eligible for an Order of Protection when you’re harassed or abused by:

  • Someone you are related to by marriage (e.g., a brother- or father-in-law, a spouse, a sister-in-law, etc.)
  • Someone you are related to genetically (e.g. your brother or half brother, father, sister, mother, grandparents, etc.)
  • Someone else you have an “intimate relationship” with (e.g. a boyfriend or girlfriend, whether or not you’ve been physically intimate with them or not)

An order of protection can only be granted when the two above criteria are met. If the accuser did not actually engage in harassment or abuse, or the accuser was not someone you share a close relationship with, you may not be eligible to file an order of protection.

Need to File an Order of Protection? Contact Our Long Island Divorce and Family Law Firm Today

An order of protection can help keep you and your family safe from someone close to you who would seek to harass or harm you. Whether you need protection from a jealous ex whose harassing behavior is escalating or from an abusive family member, we can help. The experienced divorce and family law attorneys at pur Long Island family law firm can walk you through the process of obtaining an order of protection and let you know what to expect. We can help you enforce the order if the accused violates it, and we can provide comprehensive advocacy for your family legal needs. Contact our divorce and family law firm today to schedule a consultation at 631-923-1910.

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