Orange County Domestic Violence Lawyer
Divorce temporary orders, which a judge usually enters about two weeks after petitioners file, almost always include protective orders. These orders are usually limited to “property and parties” orders which forbid both spouses from liquidating marital assets for any reason, interfering with utility service, and so on. These orders may also include personal protective provisions if necessary. Standalone protective orders are available as well, if a spouse needs temporary or emergency protection.
To the Orange County domestic violence lawyer at The Law Office of Robert Sunshine, nothing is more important than the safety of our clients. So, we obtain protective orders on a routine basis. This order isn’t just a “piece of paper.” Law enforcement agencies that hesitate to get involved in domestic disputes don’t hesitate to enforce court orders. We also handle protective order defense matters. We understand that an alleged victim’s testimony is only one side of the story.
Defining Domestic Violence in New York
Protective orders are available if the alleged abuser was related by blood or marriage to the alleged victim, the two people have a child together, or they are in an “intimate relationship,” a rather vague designation. Additionally, the alleged abuser must have committed a family offense, such as:
- Disorderly conduct,
- Parental coercive control
- First or second-degree harassment,
- Second-degree aggravated harassment,
- First, second, third, or fourth-degree stalking,
- Second or third-degree menacing,
- First or second-degree reckless endangerment,
- Second or third-degree assault,
- Attempted assault,
- First, second, third, or fourth-degree criminal mischief,
- Sexual misconduct,
- Forcible touching,
- Second or third-degree sexual abuse,
- First or second-degree strangulation,
- Criminal obstruction of breathing or blood circulation,
- First, second, or third-degree identity theft,
- Third or fourth-degree grand larceny, or
- Second or third-degree coercion.
There’s basically no statute of limitations. If the alleged abuser committed the family offense several weeks earlier, or even several months or several years earlier, the protective order is usually still valid.
Protective Orders
Civil judges have the power to issue standalone protective orders. If a civil judge is unavailable, usually because the court is closed, a criminal judge may issue an order that’s valid for up to four days.
A judge may issue an ex parte order based only on the alleged victim’s affidavit. The order is valid as soon as the alleged abuser receives notice of it. The available protections include:
- Ordering the alleged abuser to stop abusing you and your children,
- Telling the alleged abuser to leave the home and stay away from you, your home, your workplace, and your family, even if his/her name is on the lease or deed,
- Ordering the alleged abuser to not come near your children, their school, daycare, etc.,
- Limiting the alleged abuser to third party contact (communicating with you only through a third party),
- Ordering the alleged abuser to give up his/her guns and gun license,
- Ordering the alleged abuser to not intentionally injure or kill, without justification, any pet that belongs to you or a minor child residing in the household,
- Awarding you temporary custody and arrange for visitation for the duration of the order of protection, and
- Making an order for temporary child support in an amount that is “sufficient to meet the needs of the child.”
After a hearing, the judge may extend the order for up to two years, or up to five years in some cases. Final orders may also include some additional protections, such as paying an Orange County domestic violence lawyer’s fees or reimbursing you for medical expenses related to the abuse.
If a family law case is pending, judges often refuse to grant standalone ex parte or final orders. Instead, alleged victims must ask the judge overseeing their family law case for relief.
Reach Out to a Hard-Hitting Clarkstown Attorney
Family law matters almost always involve emotional and financial issues. For a confidential consultation with an experienced Orange County domestic violence lawyer, contact The Law Office of Robert S. Sunshine, P.C. We routinely handle matters in Rockland County and nearby jurisdictions.
