What is an Order of Protection? Why Would I Need One?

Aug 09, 2019

An order of protection is an official legal document that is issued by the court. It is given to a person who needs protection from an abuser and can also protect them against harassment or stalking. In most cases, the document may be presented to a person when they have been the victim of domestic violence or some other similar type of abuse.

What Does an Order of Protection Require?

When an order of protection, also frequently referred to as a restraining order, is awarded to a person, it has certain requirements. They include the following:

• The abuser must stay away from their victim, their home, their school or work and immediate family members, such as their parents or children in some cases. Sometimes, an order of protection may also require the abuser to avoid any type of contact with the person as well as their family members. If the parties share a child, in some instances, the court may make arrangements for the individual to have visitation with that child.
• The abuser may be allowed to have some contact with the victim. At the same time, the order of protection will still require that the individual not commit any crimes or do anything offensive to them.

Where Can an Order of Protection be Obtained?

If a person is being abused by a domestic or romantic partner, they can seek an order of protection from either Criminal or Family Court. They can first go to their local police precinct and report a crime if they have been harmed or threatened by another person. After the police arrest and charge the individual with the crime in question, the court can issue the order of protection.

When you go through the Family Court, you must file a petition for the order. It is required that the victim have a specific relationship with the abuser, whether you are spouses, former spouses, unmarried parents of a shared child, blood relatives or a couple who is not married but in a dating relationship.

If you live in Brooklyn and need an order of protection, contact Brooklyn NY family lawyers the Levitsky Law Firm. The family law firm in Brighton Beach is there to protect your rights. Contact the Levitsky Law Firm at your earliest convenience to discuss your case with skilled Brooklyn NY family lawyers at the family law firm in Brighton Beach.