Brooklyn Orders of Protection Attorney

Domestic violence impacts many families in Brooklyn. If a spouse or domestic partner threatens or abuses you, obtaining an Order of Protection may become necessary. Turn to Aiello & DiFalco for assistance, whether to secure an Order of Protection for your family’s safety or to defend against a restraining order placed against you.

Our attorneys actively help clients secure Orders of Protection against domestic abuse, harassment, stalking, and other threatening behaviors frequently encountered in divorce and family court proceedings. Additionally, we defend clients against restraining orders wrongfully employed by those aiming to discredit their spouse for child custody reasons.

We are dedicated to aiding families to ensure their safety and finding peaceful resolutions to their challenges. Reach out to us today to consult with an experienced Brooklyn Orders of Protection attorney.

Understanding Orders of Protection

An “Order of Protection,” also known as a restraining order, is a legal directive from the court designed to shield individuals from further abuse, harassment, or harm. This order can restrict an individual’s ability to harass by forbidding any form of contact or by setting boundaries on their proximity to the protected person. It can also regulate the nature and extent of permissible contact.

Such orders are frequently granted during civil legal processes to individuals who have endured domestic violence, abuse, harassment, or threats from a family member or an intimate acquaintance.

How Do I Obtain an Order of Protection in Brooklyn?

In Brooklyn, securing an Order of Protection doesn’t always require going through criminal court. These are generally civil orders that the Family Court issues in instances of domestic and family abuse, or by the Supreme Court during divorce proceedings.

To get a restraining order from the Family Court, you need to file a family offense petition. Meanwhile, if you’re in the midst of a divorce, you can request a restraining order from the Supreme Court either by making an oral request or by filing a motion or an order to show cause.

For a family offense petition in Family Court, it’s necessary to prove a relationship with:

  • Spouse: Whether married, separated, or divorced.
  • Family Member: Must be related by blood or marriage, such as a sibling, parent, or step-parent.
  • Child’s Other Parent: The co-parent of your child, regardless of marital status.
  • Intimate Partner: Current or former partners with whom you’ve had an intimate, sexual relationship, like a boyfriend, girlfriend, or domestic partner.

Aiello & DiFalco has a track record of success in handling family offense petitions. We offer compassionate and effective legal representation when you need it most.

Temporary and Permanent Orders of Protection

Upon filing for an Order of Protection, the court often issues a temporary order right away, effective until the next court appearance. At this subsequent appearance, the court evaluates the need to prolong the order.

Final Order of Protection

For a permanent Order of Protection, you must demonstrate that the respondent has committed a family offense against you. This order can last a year up to 2 years, depending on the circumstances.

If the case involves aggravating factors such as the use of a weapon, bodily harm, a history of violence, repeated offenses, or breaching an existing protective order, the court may extend the protective order to up to 5 years.

Protect Your Safety With an Order of Protection

An Order of Protection can safeguard you in several ways, including:

  • Preventing the offender from coming near you or any household members.
  • Mandating the threatening party to stay away from your residence.
  • Forbidding the offender from entering areas where they could harm you or your children, such as your children’s school.
  • Requiring the threatening party to stop all forms of communication with you (e.g., phone, text, mail, email).
  • Requiring the offender to hand over firearms to the police

Having a skilled Brooklyn Orders of Protection attorney by your side is crucial for maximizing your family’s safety.

Notifying the Police About a Restraining Order

Informing the police about your restraining order is a critical step in ensuring your and your family’s safety. Though you might hesitate to involve law enforcement, remember their primary role is to serve and protect the community. Our family law attorneys can alleviate your concerns by making sure the police have the necessary details to safeguard you and your loved ones effectively.

How Do I Defend Against a Restraining Order?

If you find yourself on the receiving end of an Order of Protection, especially under allegations you believe to be unfounded or exaggerated, our legal team is here to stand by your side. We specialize in defending against restraining orders, aiming to protect your rights and reputation from wrongful accusations of domestic violence. Trust us to provide the defense you deserve.

Contact Our Experienced Brooklyn Orders of Protection Attorney

At Aiello & DiFalco, we approach domestic violence cases with the seriousness they demand, dedicating ourselves to securing Orders of Protection for our clients. However, we’re also aware of instances where such orders are misused to tarnish someone’s reputation, especially during bitter divorce and child custody battles. 

No matter your situation, we offer reliable advice and support throughout this challenging period. Reach out to us for a confidential consultation and let us help you navigate through these turbulent times.