Upstate New York Family Law Attorney Helps Protect Families from Violence
New York Law Firm Focuses on Domestic Violence and Protective Orders
In New York, an order of protection is a civil order that provides protection from a violent spouse, ex-spouse, partner, former partner, relative by blood or marriage, or someone an individual has a child with.
To obtain an order of protection, the petitioner must allege that the abuser committed one or more family offenses against them, including:
- Disorderly conduct
- Harassment
- Aggravated harassment
- Stalking
- Menacing
- Reckless endangerment
- Assault
- Attempted assault
- Criminal mischief
- Sexual misconduct
- Forcible touching
- Sexual abuse
- Strangulation
- Criminal obstruction of breathing or blood circulation
- Identity theft
- Grand larceny
- Coercion
When you apply for an order of protection, the judge may issue a temporary order of protection if he believes there is good cause to do so. The temporary order typically lasts until a full court hearing, and may be extended from court date to court date. At the hearing, the judge will decide whether to issue a final order of protection, based upon the testimony and evidence. A final order of protection can last up to five years, depending on the circumstances, but is commonly granted for up to two years unless aggravating circumstances exist.
Aggravating circumstances include:
- Physical injury
- Serious physical injury
- A history of repeated violations of prior orders of protection
- Prior convictions of crimes committed by the abuser
- The exposure of any family or household member to physical injury
- Prior incidents and behaviors leading the judge to believe that the abuser is an immediate and ongoing danger to any member of the family or household
If you and your family are in a violent situation and are considering requesting an order of protection, the attorneys at the Law Offices of Gerard V. Amedio, P.C. can help. Contact our lawyers online or call (518) 583-4123 today.
