If you are being threatened, harassed, or abused by another person, you are most likely considering getting a restraining order against them. A restraining order, also known as an order of protection, is a legal document that prohibits the person who is harming you from contacting you or coming near you. A restraining order can also include other conditions, such as requiring the person to stay away from your home, workplace, school, or children, or to surrender any firearms they may have. If you’re reading this and you need a restraining order placed against another person for your protection, you are in the right place. Contact a dedicated Nassau County restraining order lawyer from Barrows Levy PLLC today.
Restraining Order Lawyer | Serving Clients in Nassau County & all of NYC
Getting a restraining order can be a complicated and stressful process, especially if you are dealing with a domestic violence situation. You may not know where to start, what evidence you need, or how to present your case in court. That’s why it’s important to have a restraining order lawyer on your side who can guide you through the steps and protect you at all costs.
Circumstances That May Warrant a Restraining Order
There are different types of restraining orders in New York, depending on the nature of your relationship with the person who is harassing, intimidating, or otherwise harming you, as well as the severity of the harm. Some of the common circumstances that may warrant a restraining order are:
- Domestic violence: If you are a victim of physical, sexual, emotional, or financial abuse by someone who is related to you by blood or marriage, or someone who you are or were married to, dating, living with, or have a child with, you can seek a family court order of protection. This type of order can last up to five years and can include various provisions to protect you and your children.
- Stalking: If someone is repeatedly following you, watching you, contacting you, or threatening you in a way that makes you fear for your safety or causes you emotional distress, you can seek a court order of protection.
- Harassment: If someone is intentionally and repeatedly bothering or intimidating you by engaging in unwanted communication or behavior that serves no legitimate purpose, such as making obscene phone calls, sending unwanted messages, or spreading false rumors about you, you can seek a civil court order of protection.
How to Get a Restraining Order in NYS
The process of getting a restraining order in NYS varies depending on the type of order you are seeking and the court where you are filing. However, a general overview of the process is as follows:
- Filing a petition: First, you will complete a form that explains why you need a restraining order and what relief you are requesting. You need to provide as much detail as possible about the incidents of abuse/harassment and the person who you need protection from. You also need to attach any evidence that corroborates your claim, such as police reports, medical records, photos, texts, emails, or witness statements. Barrows Levy can assist you in submitting this form and ensure you do so appropriately.
- Getting a temporary order: After you file your petition, a judge will review it and decide whether to issue a temporary order of protection. A temporary order is effective immediately and lasts until your final hearing date. The judge will consider whether there is an immediate danger to your safety that necessitates urgent intervention, and, from there, notify the person who is harming/threatening you about the temporary order and the hearing date.
- Serving the order: You need to make sure that the offender receives a copy of the temporary order and the petition. This is called service of process and it must be done by someone who is not involved in the case and who is over 18 years old, such as a law enforcement officer. Service must be done in person and right after the temporary order is issued.
- Attending the hearing: You need to appear in court on the date scheduled for your final hearing. This is your opportunity to present your case to the judge and explain why you need a permanent restraining order. You can bring any evidence and witnesses that support your claim, and your attorney will work to best present your case. The alleged offender also has the right to appear in court and defend themselves. The judge will listen to both sides and decide whether to grant or deny a permanent restraining order.
- Enforcing the order: If the judge grants you a permanent restraining order, it will replace the temporary order and remain in effect for the duration specified by the judge. You should keep a copy of the permanent order with you at all times and report any violations to the police immediately. Violating a restraining order is a crime and can result in arrest, prosecution, and criminal penalties, such as jail time, among others.
Importantly, if you get a restraining order against your child’s other parent, you can likely modify your child custody agreement to ensure the safety of your children. A seasoned Nassau County child custody lawyer from Barrows Levy PLLC can walk you through this process as well.
Contact a Long Island Restraining Order Lawyer Today
If you need a Nassau County restraining order lawyer who can help you get the protection you need and deserve, contact Barrows Levy PLLC today. We have the experience, knowledge, and compassion to handle your case with professionalism and care. We will work tirelessly to attain the most favorable outcome for you and your family.