When you work with my firm, you can be confident that your case is in good hands. I have been serving the Bronx area since 1989 and I am proud to have an in-depth and up-to-date understanding of the various New York and federal laws governing family law matters and divorce. If you are considering filing a petition for a family law concern, do not hesitate to retain me as your NYC restraining order lawyer.
Bronx Restraining Order Lawyer
NYC Order of Protection Fights for Victims of Abuse
If you feel that you are being harmed, threatened or abused in any matter, it is important that you take immediate action and contact an attorney. Victims have rights, and when you work with my firm, I will work diligently to protect them.
Most of the time, orders of protection prohibit the abuser from threatening, harassing, injuring or contacting the person in any manner, and he or she must fully abide by custody orders and keep up with child support payments.
When you retain the Bronx restraining order attorney from my firm, I can help you obtain what is known as an order of protection. These are court-issued documents that address and greatly limit the behavior of an individual you feel threatened by or who has harmed you. This court document is often obtained by domestic violence victims and ensures that they are fully protected under the law.
If you need help obtaining an order of protection, or having a wrongful protective order dismissed, call my firm today at (888) 448-2068!
On This Page:
- What Is An Order of Protection?
- Types of Orders of Protection
- How Do You Get An Order of Protection?
- How Long Do Orders of Protection Last?
- Can An Order of Protection Be Changed?
- Getting Orders of Protection Dismissed
- Work with Attorney Ava Gutfriend
What Is An Order of Protection?
The purpose of a protective order is to protect an individual from being harassed or threatened by someone who has committed a crime. A protective order does this by detailing what another individual can or cannot do in relation to the individual getting the order of protection. Violation of a protective order can result in criminal charges against the violator.
Orders of protection greatly limit a person's ability to contact the individuals named in the protection document, and in some cases, individuals may even be forced to move or avoid being in the same area as the alleged victims.
The state of New York already has strict gun laws and regulations, and any individual named in an order of protection is not allowed to purchase or possess a firearm. A violation of any of these conditions could result in a criminal charge.
Types of Orders of Protection
There are several types of orders of protection in New York:
- Stay-Away or Full Orders - Stay-away orders prevent the other party from having any contact with the protected individual. This often includes direct contact, and also contact via third parties.
- Refrain From or Limited Orders - Limited orders of protection may prevent an individual from engaging in specific behaviors such as stalking, harassing, or assaulting the protected individual, but they may still be in contact with you.
How Do You Get An Order of Protection?
Protective orders are usually issued as part of a family court process or a criminal court proceeding. In family court cases, a judge may issue a protective order for a spouse or children when a violent offense has been committed against them by a former spouse, intimate partner, parent, or other blood-relative. Violent offenses can include sexual abuse, assault, stalking, menacing, etc. In order to obtain a protective order you will need to file a petition with the court (our protective order attorney can help guide you through this process). Once the judge reviews your petition they may grant a temporary order of protection to keep you safe while the case is being reviewed. Once the order has been granted the offender must be served with the order. This can either be done through the NY sheriff, local law enforcement, or a relative, friend or process server. You may not serve the documents yourself (read more about the service process here).
A criminal court proceeding is similar. If you have been the victim of a violent crime and the perpetrator has been charged, when you appear in court the judge may issue an order of protection to ensure your safety during the criminal trial.
Where Can I Get An Order of Protection?
When you hire an attorney to represent you they can make the written or oral request in court on your behalf. You can read more about New York’s Orders of Protection policies here.
How Long Do Orders of Protection Last?
The duration of your protective order will depend on whether the order is temporary or final.
- Temporary Orders - A temporary order of protection lasts from the date it is issued (usually the same day that the request is filed) until the next court date. Temporary orders of protection can be extended or replaced with a final order of protection, depending on the circumstances.
- Final Orders - A final order of protection is usually issued at the end of a criminal or family law trial. This type of protective order can last 2 or 5 years. The judge will issue the final order of protection during their final ruling.
Can An Order of Protection Be Changed?
Yes. Either party may ask the court that issued the order to make changes to it. This is referred to as a motion to modify a protective order. Common modifications to a protective order include:
- Extending the length of a temporary order
- Changing the order from a “stay-away” order to a “refrain from” order if the situation improves
- Changing the order from a “refrain from” order to a “stay-away” order if the situation worsens
- Amending the order to allow for visitation rights with a child
Were You Wrongfully Served An Order of Protection?
The intentions of these orders are to ensure that victims are protected from their abusers; however, there are some cases in which individuals are wrongfully accused and served orders of protection that do not apply to them. In some family law cases, jealous or angry spouses or significant others can request an order of protection against a person based on a false accusation. Circumstances like these can greatly alter your life and limit your ability to see your children, live in your own home, and contact your spouse.
How To Get An Order of Protection Dismissed
If you feel that you have had an order of protection wrongfully taken out against you and it is preventing you from visiting your children or having a relationship with them, you may have grounds to have the order amended or dismissed altogether. In order for an order of protection to be dismissed a judge will have to rule in your favor. My team is here to help you with filing your petition and obtaining the best results for your and your family. If you have been wrongfully served an order of protection, you need to contact the Bronx restraining order lawyer from my firm right away.
Work with The Law Office of Ava G. Gutfriend
Are you ready to move forward with your case? If so, it is important that you retain the representation of the Bronx restraining order attorney from The Law Office of Ava G. Gutfriend immediately. I stand ready to provide ethical treatment and experienced legal counsel to each and every client. I know that this time in your life can be difficult and that you may feel like you are up against tough odds, but when you work with my team, you can be assured that your case is in good hands.