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Domestic Violence/Orders of Protection

Domestic violence is a threat for many people that are separating and moving towards a divorce. If you are a victim of spousal abuse, take immediate legal action to protect yourself and your children. Contact the Long Island and New York City orders of protection attorneys at Barrocas, Mintz, Misuraca and Record: Family Law & Mediation today. We have the expertise to help you take legal action and keep you and your children out of harm’s way.  

What Does an Order of Protection Do?

An order of protection is issued in an effort to stop abuse, harassment, stalking or other types of violence to you or your children. An experienced Long Island and New York City divorce attorney can show you how a protective order can safeguard yourself and your children from abuse.

An order of protection can require the person served to follow these orders:

  • Leave the home
  • Stay away from the home, and your place of work
  • Stay away from your children and children’s  school
  • Relinquish firearm/do not own a firearm

 

Orders of Protection in New York State:

There are three different types of orders of protection in New York State:  Supreme Court, Criminal Court, and in Family Court.  

Supreme Court Order of Protection—an Order of Protection may only be obtained while a matrimonial case is pending.  

Family Court Order of Protection—an Order of Protection may only be obtained when the parties involved are spouses, former spouses, parent and child, or members of the same family or household. 

Criminal Court Order of Protection—an Order of Protection may be obtained only against someone who is being charged with committing a crime, such as assault, attempt to assault, disorderly conduct, harassment, stalking, menacing or reckless endangerment towards another family member.  Consult your local District Attorney to assist you in obtaining a criminal court order of protection.

Orders of Protections issued by the Court can either be for a complete “stay away” and/or a “refrain from” any behavior warranting a criminal offense against the other party, or communication with the other party.   

Long Island & New York City Attorney Assisting With Orders of Protection

If you, or your children, are a victim of physical abuse by your spouse, domestic partner, family member or “intimate relation,” contact the Long Island and New York City orders of protection attorneys at Barrocas, Mintz, Misuraca and Record: Family Law & Mediation right away. Our attorneys will represent you with rigor, compassion, and understanding. 


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