Protecting Your Rights In Cases Involving Domestic Violence

If you are feeling threatened in your marriage, or any relationship for that matter, there is no reason you should stay.

I am determined to preserve your rights and your safety, whether you have been abused or accused of abusing someone. By taking a straightforward approach, I advocate for my clients as I seek intervention from the court.

For more than 25 years, I have successfully represented more than 3,000 family law clients in New York and New Jersey, protecting their rights and advocating for their safety. Call 718-720-1000 any time for experience help. My phones are answered 24 hours a day.

Obtaining An Order Of Protection

If you are being stalked, harassed or you have been subject to assault, attempted assault, menacing, reckless endangerment, or threats made by a person engaging in disorderly conduct, you may seek an order of protection. These activities constitute crimes under the New York penal law. Because I also defend clients accused of these crimes I am better positioned to know what it takes to prove or disprove the elements required to get or avoid getting the order of protection.

After a hearing, a judge will determine if an order of protection is necessary. In order to obtain the order of protection, you must be able to prove that it is necessary for your personal safety.

Which Court Does The Protection Come From?

An order of protection can be sought in family court and criminal court, that is, you get one from both family court and criminal court at the same time. Moreover, if you are involved in a divorce you may get one as part of your divorce case in the Supreme Court.

The family court has jurisdiction for persons in the following types of relationships who seek an order of protection:

  • Married or divorced individuals
  • Household members
  • The father/mother of your children, even if you were never married
  • Related to you by blood, marriage or adoption (for example, your father, son, uncle or cousin)
  • Someone you have an "intimate relationship" with, even if you are not related

You can have an "intimate relationship" with someone you are dating, whether they are the same or opposite sex as you.

If we go to the family court, we do not have to show the court that your abuser was arrested.

Typical Terms Of A Protection Order

The court may establish a variety of terms within a protective order, including, but not limited to:

  • Not to assault, menace, or harass you or commit crimes of reckless endangerment or disorderly conduct towards you
  • To be removed by the police from where you are living
  • To stay away from you, your residence, your job, and other places you may want
  • To stop texting, emailing or calling you

The judge can also include and protect your children in the same order of protection. The order can and will also affect visitation rights of the other parent, whether supervised or otherwise.

Voluntary Withdrawal Of An Order Of Protection

If you desire to withdraw or change your order of protection you need to go to the family court and bring a modification petition. In criminal court, you need to speak with the Assistant District Attorney who handled your case. The judge will use his or her discretion to determine if your request will be granted.

Combating False Allegations Of Domestic Abuse

Often sadly, an order is sought by a spouse just to obtain exclusive use and occupancy of the residence and to get you out. This is totally unacceptable and I will fight hard to have the proceedings dismissed against you.

If a spouse or loved one will not move out, exclusive occupancy of your home can be sought in the divorce action and the court will determine the outcome after a full hearing. It won't be because of alleged fabrications of abuse. You have every right to remain in your home, even during divorce proceedings.

Get Help From Someone Who Will Listen To Your Story

I understand each situation is unique. By listening to the details of your relationship, your past and your goals for your future, I can help you obtain and maintain a healthier, happier lifestyle while we pursue a legal separation or divorce, should it become necessary. Contact my office in Staten Island to learn more about how I can help.