Garden City Order of Protection Attorney

Domestic violence impacts many families on Long Island and around New York. Obtaining an Order of Protection may be necessary if a spouse or domestic partner is threatening or abusive. Whether you need an Order of Protection to keep your family safe or assistance defending against a restraining order placed against you, turn to Aiello & DiFalco.

Our attorneys regularly assist clients throughout Garden City with securing Orders of Protection against domestic abuse, stalking, and other threatening behaviors that often arise in divorce and family court proceedings. We also defend clients against restraining orders misused by those seeking to discredit their spouse for child custody reasons. 

Above all, we are committed to helping families protect their safety and to finding amicable solutions to their challenges. Contact us today to speak with an experienced Order of Protection attorney. 

What Is An Order of Protection?

An Order of Protection or restraining order is a court order issued to protect a person from further abuse, harassment, or other harm. Depending on its scope, a restraining order can deter someone from harassing you by prohibiting them from contacting you or coming near you. An Order of Protection can also limit their contact and define the type of contact allowed.

Orders of Protection are commonly issued in civil proceedings when someone has experienced domestic violence, abuse, harassment, or threats of abuse from a family member or someone they know intimately.  

Obtaining An Order of Protection On Long Island

It is not necessary to seek a restraining order from a criminal court. Orders of Protection are typically civil orders issued by the Family Court in cases of domestic and family abuse or by the Supreme Court as part of a divorce proceeding.

You must file a family offense petition to obtain a restraining order from Family Court. If you have an active divorce proceeding, you can seek a restraining order through Supreme Court by making an oral request or filing a motion or order to show cause. 

If you are filing a family offense petition in Family Court, you must establish that you have a relationship with one of the following:

  • Spouse – married, separated, or divorced 
  • Family member – be related by blood or by marriage (e.g. sibling, parent, stepparent)
  • The other parent of your child
  • Intimate partner – a present or past intimate, sexual relationship (e.g. boyfriend, girlfriend, domestic partner)
  • Other intimate relationships in a family-like context depend on the circumstances

At Aiello & DiFalco, we have successfully represented many clients in family offense petitions and will provide you with compassionate, effective representation when you need it most. 

Temporary and Permanent Orders of Protection

When you file for an Order of Protection, the court typically grants an immediate, temporary order that lasts until at least the next court date. Most local courts issue the TOP for at least 6 months to a year just to avoid any lapse in protection. Typically, however, courts will consider modifications or adjustments to an Order on the first court date.

To obtain a final Order of Protection, you must prove at a hearing that the other party committed a family offense against you. A protective order may be issued for up to two years unless there are aggravating circumstances, such as:

  • Use of a weapon
  • Bodily injury
  • Violent history
  • Repeated violations
  • Violation of an existing protective order.

The order may be for up to five years if the court finds such aggravating circumstances.

How Orders of Protection Keep You Safe

A restraining order can address several situations, such as:

  • Prohibiting the offender from having physical proximity to you or any members of your household
  • Ordering the threatening party to stay away from your home
  • Ordering the offender to stay away from any location where they might harm you or your children, including your children’s school
  • Ordering the threatening party to cease all contact (e.g. phone, text, mail, email) with you 
  • Prohibiting third-party contact
  • Requiring the offender to surrender firearms to the police to ensure your safety

The best way to keep your family safe is to have an experienced New York Order of Protection attorney at your side. 

Notifying the Police About a Restraining Order

While a restraining order can help to protect you and your family, it is crucial to inform the police about your situation. While you may be reluctant to do this, the police have a duty to serve and protect the community. Our family law attorneys can help to eliminate the stress by ensuring law enforcement officials have all the information they need to protect you and your family. 

What If Someone Files a Restraining Order Against Me?

Our legal team will help defend against the restraining order and protect your rights and reputation if you believe someone has wrongfully filed an Order of Protection against you or falsely accused you of domestic violence. Most importantly, we will move to modify or dismiss the Order of Protection if it prohibits you from living in your home, seeing your children, or having an impact on your career.

Contact Our Experienced New York Order of Protection Attorneys

At Aiello & DiFalco, we take domestic violence seriously and work tirelessly to protect our clients by obtaining Orders of Protection. But we have also seen cases where restraining orders were used only to leverage access to a home or children, particularly in contentious divorce and child custody cases. Regardless of your circumstances, we will provide you with trustworthy advice and guidance during this difficult time. Contact us today for a confidential consultation.