When domestic violence impacts a family in Nassau County, obtaining an Order of Protection may become necessary to prevent a spouse or domestic partner from threatening or harming someone. That’s where Aiello & DiFalco, LLP, steps in.
Our firm works with clients to obtain Orders of Protection against domestic abuse, harassment, stalking, and other threatening behaviors. At the same time, we recognize false accusations of domestic violence are not uncommon in contentious family court cases and work to defend clients against restraining orders wrongfully employed by those aiming to discredit their spouse for child custody reasons.
Above all, we are committed to keeping families safe and helping them find amicable solutions whenever possible; contact us today to get started with an experienced Nassau County Orders of Protection attorney.
What Is An Order of Protection?
An Order of Protection or restraining order is a court order designed to protect individuals from further abuse, harassment, or harm. The order restricts an individual’s ability to harass by:
- Forbidding any form of contact
- Setting boundaries on their proximity to the protected person
- Regulating the nature and extent of permissible contact
The courts frequently issue restraining orders to individuals who’ve experienced domestic violence, abuse, harassment, or threats from a spouse, household member, or intimate acquaintance.
How Do I Obtain an Order of Protection in Nassau County?
Orders of Protection are generally civil orders that the Nassau County Family Court issues in domestic and family abuse cases or issued by the Supreme Court during divorce proceedings.
You must file a family offense petition to secure a restraining order from the Family Court. If you are going through a divorce, you can ask the Supreme Court for a restraining order by making an oral request or by filing a motion or an order to show cause.
For a family offense petition in Family Court, you must prove a relationship with:
- Spouse—(married, separated, or divorced).
- Family member—related by blood or marriage (sibling, parent, or step-parent).
- Child’s other parent—Your child’s co-parent of your child, regardless of marital status.
- Intimate partner—Former or current intimate partners
Let Aiello & DiFalco help you navigate the process and protect your rights and safety.
Temporary and Permanent Orders of Protection
After filing for an Order of Protection, the court often immediately issues a temporary order, effective until the next court appearance. The court evaluates the need to prolong the order at this subsequent appearance.
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 may last 1 to 2 years, depending on the circumstances. The court may extend the protective order for up to 5 years in cases involving aggravating factors (e.g., weapon use, bodily harm, history of violence, repeated offenses, or breaching an existing protective order).
What Does An Order of Protection Do?
An Order of Protection can protect you by:
- Preventing the offender from coming near you or any household members
- Ordering the threatening party to stay away from your residence
- Forbidding the offender from entering school or other areas where they could harm you or your children
- Ordering the threatening party to cease all forms of communication with you (e.g., phone, text, mail, email)
- Requiring the offender to turn over firearms to law enforcement
A skilled Nassau County Orders of Protection attorney is crucial for maximizing your family’s safety.
Attorney For Defending Against a Restraining Order
If you need assistance defending against an Order of Protection over unfound allegations, we can help protect your rights and reputation from false accusations of domestic violence. Trust us to provide the powerful defense you need and deserve.
Talk To An Experienced Nassau County Orders of Protection Attorney
At Aiello & DiFalco, we understand the sensitive nature of domestic violence cases and approach Orders of Protection with discretion and care. Contact us for a confidential consultation, and let us help you navigate this challenging time.