Domestic violence is a predominant occurrence that requires an Order of Protection Attorney in Suffolk County NY. A protection order is issued by a family court judge to stipulate legally which actions an individual is restricted from participating in or performing. When family violence is present, these restrictions include but are not limited to visiting the home or work of the victim, calling or sending electronic messages, and stalking the victim.
Acquiring an Order of Protection
In civil court, Find Order of Protection Attorney in Suffolk County NY petitions the court to acquire the judge’s approval and issuance of the order. The law stipulates the petitioner must have an existing case in court that lists the subject of the order as the defendant. For example, a judge issues a protection order after a spouse presents a risk to his or her family during or after divorce proceedings. The requirements for an order of protection in civil court establish that the petitioner and the defendant are legally married, divorced, blood-related, have a child together, or have a current or past intimate relationship.
The criminal court does not require the establishment of any relationship. The law does require the existence of a criminal case that is related to the actions listed in the petition for the order of protection. A judge will not approve the order until after this individual is arrested. Once formal charges are filed, the district attorney has the authority to request the protection order on the behalf of the victim. Any violation of the order gives law enforcement the authority to arrest the subject immediately; new charges are filed against the defendant based on his or her actions.
Duration of an Order of Protection
The Suffolk County court issues these orders for a duration that extends from the initial court date to the last court appearance for the case. In civil and criminal court, a final order is rendered to protect the victim. The severity of the crime dictates the duration of the latest ruling. At any time that a civil or criminal case is dismissed in court, the order of protection is no longer valid. Victims who require assistance acquiring protection should contact their preferred Order of Protection Attorney in Suffolk County NY.