Domestic Violence Attorney Suffolk County: Order of Protection and Restraining Orders

Learn orders of protection: Your shield against abuse.

Are you feeling unsafe in your own home? It’s a painful reality for many, and securing an order of protection or a restraining order can be daunting. Right now, what you need most is the guidance of an experienced domestic violence attorney in Suffolk County who understands the complexities of your situation. 

A compassionate attorney can help you get through these challenging times and secure the protection you deserve.  Let’s discuss how these legal tools are designed to offer you safety and what you should know about the process.

Quick Summary

• Domestic violence, defined by the Domestic Abuse Act 2021, includes various forms of abuse, such as physical, emotional, and economic, aimed at controlling a partner or family member. Recognizing these behaviors is essential for seeking help, as they often involve a pattern of control rather than isolated incidents. Orders of Protection, issued by courts are critical tools to prevent further harm and can vary in type and scope depending on the legal situation.

• Orders of Protection can be obtained through Family, Criminal, or Supreme Courts, depending on the relationship and circumstances involved. These orders can be temporary or final, with Full Orders prohibiting all contact and Limited Orders allowing some interaction while forbidding abusive behavior. Violating an Order of Protection is a crime, making strict adherence to the order’s terms vital, and seeking legal representation is strongly recommended.

• If served with an Order of Protection, it’s essential to carefully read and understand the terms, as failure to comply can lead to serious legal consequences. Legal representation is important in the process of contesting any claims made against you. Judges in New York take these orders seriously, and your actions following the issuance can have long-lasting effects on your legal standing and personal life.

What Constitutes Domestic Violence?

Domestic violence encompasses a range of behaviors wielded by one partner to establish and maintain control over their intimate partner. This complex issue is not limited to physical harm but includes a variety of aggressive tactics:

• Sexual assault: Any non-consensual sexual act directed against another person.
• Physical abuse: Acts of violence causing or intended to cause physical harm to the partner.
• Emotional abuse: Manipulative behaviors that undermine the partner’s self-worth or emotional well-being.
• Economic abuse: Control over the financial resources of the partner, limiting their ability to support themselves and forcing dependency.
• Threats and intimidation: Using the threat of physical harm or other coercive tactics to control the partner.

The definition of an intimate partner relationship, relevant to the context of domestic violence, as per Social Services Law Section 459-A, includes a diverse range of relationships beyond the traditional confines of marriage:

• Legal unions: Married, divorced, or separated individuals.
• Family ties: Individuals sharing a child, whether biologically or through adoption.
• Blood and marital relatives: Siblings, parents, cousins, in-laws, and other family members.
• Cohabitants: Individuals who live or have lived together, regardless of relationship status.
• Intimate relationships: Current or former couples, including same-sex pairs and dating teens, even if they don’t cohabitate, are not sexually active, or have ended their relationship.”

When determining what constitutes an “intimate relationship,” courts may consider factors such as the type of relationship, the frequency of interaction, and the relationship’s duration. Notably, a casual acquaintance or a professional relationship does not qualify as an “intimate relationship.” Victims of domestic violence are encouraged to seek help.

Am I Experiencing Abuse?

For those living in Suffolk County and questioning whether their circumstances might be defined as domestic abuse, the immediate response is to consider if feelings of fear arise from the actions of a partner or family member. Abuse is not always clear-cut, and it may not always leave physical marks. It can often involve subtle tactics to break one’s will and self-esteem. Recognizing the signs of abuse is vital—if it feels wrong, it probably is. There are questions one can ask oneself:

• Does your partner or a family member intimidate or frighten you?
• Have you noticed changes in your behavior to placate the abuser?
• Are you isolated from friends and family?
• Is your freedom to work, study, or engage in social activities being limited?

If these experiences resonate with you, then you may be experiencing domestic abuse. Deciding to leave an abusive relationship is not only challenging but can often be the most dangerous time for a victim.

What is an Order of Protection?

An Order of Protection is a legal document issued by a judge to prevent one person from harming or threatening another. In Suffolk County, these orders are usually given in cases of domestic violence. Still, they can also apply in various other situations where someone might feel threatened or intimidated.

Types of Orders of Protection

Several types of Orders of Protection are suited to different legal needs and situations. Most commonly, these orders fall into categories depending on the court issuing them—Family Court, Criminal Court, or Supreme Court. Understanding these types can help individuals seek protection based on their unique circumstances.

Family Court Order of Protection

A Family Court Order of Protection is aimed at stopping violence within family or intimate relationships. This type of order might be appropriate if you need protection from someone close to you, such as a spouse or a relative. The process begins by filling out a Family Offense Petition, and the relationship to the other person must qualify under specific categories.

Criminal Court Order of Protection

In cases that involve criminal charges, an Assistant District Attorney can request a Criminal Court Order of Protection on your behalf. This does not require a personal or intimate relationship with the offender. It’s primarily used when someone has been charged with a crime against you.

Supreme Court Order of Protection

This order is typically associated with ongoing divorce proceedings or other serious criminal matters. These orders are obtained through a motion or direct request in court, possibly by an attorney if one is representing you.

Implementation and Limitations of Orders

Understanding the full scope and limitations of Orders of Protection ensures effective use and better protection. There are temporary and final orders, each serving specific timeframes and conditions.

Temporary vs. Final Orders

Temporary Orders of Protection are issued quickly to provide immediate safety until the next court date, when the situation is reassessed. On the other hand, a Final Order of Protection comes after a case—either in criminal or family court—and has a longer-lasting duration.

Full vs. Limited Orders

While a Full Order of Protection prohibits all contact with the protected person, a Limited Order allows some level of interaction but strictly forbids abusive behaviors. Choosing the right type of order depends on individual needs and court assessments.

What if Someone Breaks an Order of Protection?

If someone goes against the order, it’s a crime. You should tell the police right away. If it’s an emergency, dial 911, and they will arrest the person. For non-urgent situations, you can go to the police station or Family Court to report the violation.

What’s an Extreme Risk Protective Order (ERPO)?

This is a special kind of order starting from August 24, 2019. It’s for when someone might be dangerous to themselves or others. It stops them from having or buying guns, and the police might even take their guns away. Family members, police officers, school officials, or district attorneys can request an ERPO.

What To Do If You’re Served With An Order of Protection in New York

It can feel overwhelming when served with an Order of Protection in New York, but taking prompt and considered actions to address the order responsibly and legally is critical. Here’s what you should do:

Read the Order Carefully

Upon receiving an Order of Protection, take the time to read the document thoroughly. This temporary order is based on the claims made against you and is in effect until a formal court hearing is held. You will have the opportunity to contest these claims in court before a permanent order can be set in place.

Understand and Follow the Terms

The order will detail specific restrictions that apply to you. Make sure you understand every requirement and follow them closely. Adherence to these terms can result in further legal complications, regardless of your personal views on the order’s fairness.

Get Legal Representation

It’s essential to act quickly and seek legal advice. An attorney can guide you through the process, help you understand your rights, and represent you in court. Experienced lawyers are familiar with such cases and can significantly improve your chances of a favorable outcome.

Acknowledge the Gravity of the Order

Treat the Order of Protection with the seriousness it demands. Remember that violating the terms of the order is an offense in itself and can result in a criminal record, even if the initial accusations don’t hold up in court.

What Not to Do Under an Order of Protection?

Some actions can significantly worsen your situation under an Order of Protection. Recognizing the severe consequences that can arise from actions taken disregarding such orders is essential. Here’s what you should avoid to ensure compliance with the legal directives of an Order of Protection.

Don’t Return to a Shared Residence Unilaterally

If you need to retrieve belongings from a home you share with the petitioner, only attempt to do so with legal arrangements. Your attorney can advise you on the correct procedure to retrieve your items without breaching the order.

Cease All Contact

Avoid any form of communication with the petitioner or involved witnesses, including indirect contact through social media or mutual acquaintances. There is no safe workaround that permits contact without violating the order.

Do Not Respond to the Petitioner

Even if the petitioner contacts you first, any response from your end can be seen as a violation of the court’s order. Maintain the no-contact rule at all times to protect yourself legally.

Judges in New York take Orders of Protection seriously, and for good reason—they are meant to prevent harm. Any attempt to circumvent the order is likely to result in legal consequences.

Your best strategy when faced with an Order of Protection is to follow the terms carefully, seek legal support, and prepare for your hearing with the assistance of an experienced attorney. Remember, the choices you make following the issuance of the order can have long-lasting effects on your life. 

Feeling Unsafe? Don’t Wait – Contact Our Domestic Violence Attorney Suffolk County Today!

If safety is a concern and you’re unsure where to turn, our Suffolk County domestic violence attorney is here for you. These challenges can be overwhelming, but you don’t have to go through them alone. Our experienced family law attorney at Donato Law is ready to stand by your side and offer the support and guidance you need during this challenging time. 

Plus, we’re offering a free consultation to get you started on the path to protection.  Don’t wait for things to get more complicated. For immediate assistance, you can use our live chat. Let’s talk about how we can help make things better for you. 

Also, you can call us now for your free consultation and take a step towards getting the support you deserve.