Order of Protection Attorney for Long Island and Nassau County
A party can bring an application for an order of protection against another member of the same family or household under the Domestic Relations Law and/or Article Eight of the Family Court Act based on certain enumerated offenses that are also penal law (criminal law) offenses. Members of the same family or household may include the following:
- Persons married or formally married to one another;
- Persons who have a child in common (regardless of whether ever married);
- Persons related by consanguinity or affinity; and
- Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship.
Would you like more information on applying for an order of protection? An attorney at our law firm can help. We are experienced in handling all family law matters for clients in Suffolk County, Nassau County and the surrounding areas and can assist you in properly addressing your application to seek its approval.
Applying for an Order of Protection
The party seeking the order of protection has to plead and prove that they were the victim of one or more of the following penal law (criminal law) offenses:
- Disorderly Conduct;
- Harassment;
- Aggravated harassment;
- Stalking;
- Menacing;
- Reckless endangerment;
- Assault; and
- Attempted assault.
Upon the application for the order of protection the court has the jurisdiction to issue a temporary order of protection (even if the other party is not present at court).
The court most likely will issue an order of protection upon reviewing the application even before the accused party has the opportunity to be heard before the court.
What does an order of protection do?
An order of protection can order the person to stay away from the applicant, refrain from harassing or otherwise bothering the applicant, refrain from consuming alcohol when in the presence of the applicant or children and host of other relief.
If the parties do not agree to a final order of protection, and the applicant refuses to withdraw the application for the order of protection the court will hold a fact finding hearing to determine if the alleged acts occurred. If the court finds that the acts did occur, the court will then hold a dispositional hearing to determine the final outcome. This may result in a dismissal of the application, placing the accused party on probation, ordering restitution, suspending judgment or issuing a final order of protection.
Do you need help with an order of protection in Nassau County or Suffolk County?
If you are contemplating making an application for an order of protection, or if you have received a summons to appear in court to defend yourself against an application for an order of protection, you should consult with an experienced attorney without delay.
Get experienced assistance in the Suffolk County or Nassau County area for your order of protection. Contact a Suffolk County Order of Protection Lawyer at our law firm today! Call us at 516-227-5353.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.