Restraining Order

Attorney for Restraining Orders in New York City, New York

A restraining order is a legal order issued by a court that requires one person to stop harming or harassing another person. They are also known as orders of protection. Restraining orders can be issued against a family member, such as a spouse, domestic partner, or child. They can also be issued against someone who is not related to you, such as a neighbor, roommate, or co-worker.

If you are the victim of domestic violence, you may need the help of an experienced restraining order or order of protection lawyer in New York City, New York. The Donato Law Firm has been taking care of restraining orders and other family law issues for more than 20 years.

We can help you understand your rights, and give legal advice and options under the law. Call our law office today for a consultation.

What is a Restraining Order?

Restraining orders are court-issued orders that prohibit someone from interacting with another person in a harmful or violent way. People can get restraining orders for many different reasons, such as domestic violence, stalking, and harassment.

In the state of New York, there are three types of restraining orders: orders of protection, temporary restraining orders, and full stay-away orders. Restraining orders can be issued by a judge at any time, even without the person against whom the order is filed being present.

Restraining orders can have a significant impact on a person’s life, so it is important to understand the implications of such an order before it is issued. If you are a victim of domestic violence in New York, you can petition the court for a restraining order, also known as an Ex Parte or temporary restraining order (TRO). If you fear imminent danger, a judge may grant a TRO without a hearing or notifying the abuser.

A TRO can force the perpetrator to leave the residence and avoid the victim. The TRO lasts until the court dismisses the case or holds a full hearing, usually within 20 to 25 days. If the abuser violates the TRO, they can be subject to criminal proceedings.

Domestic Violence

In the state of New York, a victim of domestic violence can seek a restraining order, also known as an order of protection, from the court. Restraining orders are designed to protect victims from further abuse by their abusers.

To obtain a restraining order, the victim must file a petition with the family court. The petitioner must then go before a judge and show that they have been the victim of domestic violence.

The judge will consider the evidence presented and decide whether to issue a restraining order. If the judge does issue a restraining order, it will remain in effect for a set period of time, typically up to 5 years.

Restraining orders can be renewed if necessary. Violating a restraining order is a criminal offense, and violators can be fined or imprisoned. Restraining orders are an important tool in protecting victims of domestic violence. They can help to keep victims safe and hold abusers accountable for their actions.

 

 

How do I Get a Restraining Order?

Restraining orders are usually filed in the district or county court where you or the abuser live or where the abuse happened. In New York, a petition for a domestic violence restraining order is usually free of charge. An experienced restraining order lawyer can assist you in preparing and filing your paperwork.

When filling out the documents, be sure to explain what happened and why you need the restraining order in detail. Include enough information in your court petition to convince the judge that the order is important, but make sure your arguments are short, clear, and to the point.

The judge may wish to ask you a few questions before signing the order. Restraining orders are one way to help protect yourself and your family from further abuse.

What Benefits Can I Get from a Restraining Order?

If you have been a victim of domestic violence, you may be considering filing for a restraining order. Restraining orders are legal orders issued by courts that prohibit an abuser from having any contact with the victim. Domestic violence victims can get the protection and peace of mind they need from restraining orders.

There are two types of restraining orders in New York: Temporary and Permanent Restraining Order.

A temporary restraining order (TRO) is issued without a hearing and is valid for up to 10 days.

A permanent restraining order (PRO) is issued after a hearing and is valid for up to 5 years.

Both types of restraining orders can protect the victim in similar ways, such as by telling the abuser not to contact the victim, telling the abuser to stay away from the victim’s home, workplace, or school, and giving the victim custody of any children the abuser has.

If you are considering filing for a restraining order, it is important to speak with a domestic abuse attorney to discuss your options and whether a temporary order or permanent restraining order is right for you. Domestic violence victims can get important protection from restraining orders, but they are not always the best solution.

A restraining order lawyer can help you evaluate your unique situation and make the best decision for you and your family.

If you are a victim of domestic violence, you may be able to get a temporary restraining order (TRO) from the New York State Supreme Court or New York family court. A TRO is a court order that tells the abuser to stop the harmful behavior. The TRO can also give you other forms of relief, such as

• Ordering the abuser to stay away from you, your children, your home, and your work
• Granting you temporary child custody
• Ordering the abuser to move out of your home
• Ordering the abuser to turn over any guns he or she has to the police

A TRO is only temporary. If you want the order to last longer, you must go back to court and ask for a final order of protection. To get a final order, you will have a hearing where both you and the abuser will have a chance to present evidence and testify. You should speak to a domestic abuse attorney before going to family court.

Who is Capable of Being Restricted?

Restraining orders are court orders that are designed to protect an individual from harassment, abuse, or threats of violence. In New York, restraining orders can be issued against a current or former spouse, boyfriend, girlfriend, domestic partner or civil union partner, co-parent, or any other relative.

If the individual who is harming, threatening, or harassing you does not fall into one of the categories listed above, you may be eligible to obtain harassment or stalking protection order. Your local court can assist you in determining which forms to submit.

Restraining orders are serious legal matters, and violating a restraining order can result in arrest and imprisonment. If you are the victim of domestic violence, please seek help from your local authorities and an experienced restraining order lawyer.

What is an Emergency Protective Order and How Does It Work?

In the state of New York, an emergency protective order (EPO) is a temporary restraining order that can be issued when the courts are closed. Victims of domestic violence can contact the police for assistance in obtaining an EPO.

Law enforcement personnel may contact a judge and request that an EPO is issued immediately. The police must have a good reason to believe that the abuser is putting the victim in immediate danger.

The EPO is only valid for seven calendar days or five business days. During this time, the victim can ask for more protection by getting a domestic violence restraining order.

Restraining orders are important tools for keeping victims of domestic violence safe. If you have been a victim of domestic violence, please talk to the police in your area about getting an EPO.

EPOs typically prohibit the abuser from having any contact with the victim. This includes contact by phone, email, social media, or in person. The abuser may also be ordered to stay away from the victim’s home, workplace, or school.

In some cases, the abuser may be removed from the home and given temporary custody of any shared children. Under the terms of the EPO, the abuser may also not be allowed to carry guns.

• If an abuser violates the terms of an EPO, they can be arrested and charged with a crime. In New York, for example, breaking an EPO is a misdemeanor that can get you up to six months in jail.
• If a domestic violence victim thinks their EPO has been broken, they should always call the police in their area.

What Happens After Hearing the Restraining Order?

In New York, after a victim requests a restraining order and the respondent has a chance to be heard, the judge may choose to issue a “restraining order after hearing.” This type of restraining order is often permanent, lasting five years.

The victim may request a five-year extension or permanent protection. An RO after hearing can prohibit the respondent from harming or contacting the victim or possessing firearms, grant one party possession of a shared residence (meaning the other party must move out), award custody of minor children; order child support and spousal support, and require the respondent to participate in a batterer’s intervention program.

How are Restraining Order Violations Punished?

Restraining orders are there to protect victims of domestic violence, and when someone violates one of these orders, they can face harsh penalties.

Misdemeanors and Felonies

In New York, for example, violating an EPO, TRO, or RO can result in a criminal conviction and jail time. The abuser faces a 30-day minimum jail sentence if the victim is injured. Repeat offenses are felonies, which could land the abuser in prison for three years and result in a $10,000 fine.

Criminal Contempt and Other Offenses

Furthermore, contempt can involve jail time, fines, and community work for breaking a domestic violence restraining order. Domestic assault, stalking, or false imprisonment can result in extra charges and punishments. Restraining order violations are taken very seriously because they put the victim in danger. Anyone who violates a restraining order should be prepared to face the consequences.

Gun Offenses

It is illegal for anyone who has been served with a restraining order to own or purchase a gun. Offenders must surrender any guns they already possess to the authorities, and face a fine of up to $1,000 and up to a year in prison if they are found in contempt of the order.

Also, federal law makes it illegal for abusers to have guns, even if the restraining order was issued in another state. Due to this, people who hurt their partners at home could face serious penalties if they try to buy or keep a gun.

Why do I need a Restraining Order Attorney in New York?

Restraining order cases are serious and often require the expertise of an experienced domestic violence attorney. When choosing a lawyer to represent you in a restraining order case, it is important to consider their experience, knowledge of family law, and ability to effectively advocate on your behalf.

At Donato Law, we have extensive experience handling restraining order cases in New York. Our lawyers who handle cases of domestic violence know the law and are committed to fighting for the best possible outcome in each case.

We understand the stress and anxiety that can come with these cases, and we will work closely with you to ensure that you understand your rights and options. If you or someone you know is thinking about getting a restraining order, please call our law office right away for a free consultation.

We would be happy to answer any questions you may have and help you determine if filing for a restraining order or protective order is right for you.

Get in Touch with a Restraining Order Attorney Now!

If you are in need of a restraining order attorney in New York, look no further than Donato Law. We are highly qualified to deal with any and all restraining order issues you may be facing.

Our team of experienced professionals will work tirelessly to ensure that your case is handled with the utmost care and attention. Contact us today for a consultation. We look forward to serving you.