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Orders of Protection – Ploy or Protection?

The court system of New York issues orders of protection to limit the possibility of harmful or violent behavior by an individual toward others. The Family Court, criminal court, and Supreme Court can all issue such orders. Although orders of protection are vital tools to safeguard the well-being of individuals and families suffering domestic abuse, they can also be used to manipulate divorce and custody proceedings.

If an order of protection is issued against you, it is important to understand the possible consequences. These include the following:

  • Requirement to stay away from your partner or children
  • Necessity to move out of your home
  • Imposition of a child custody arrangement
  • Loss of the right to possess a gun
  • Requirement to pay child support

When someone obtains an order of protection against you out of malice, heated emotion, or the desire to gain advantage in a bitter divorce dispute, it violates the true spirit of such an order. If you find yourself in this situation, we recommend you take the following steps:

  • Avoid contact—physical, electronic, by phone, or through a third party—with the person who took out the order
  • Carefully read the order for required action and response on your part
  • Contact us for critical legal advice. We can guide you through the necessary next steps

Being the subject of an improper order of protection can be devastating. Remember to protect yourself and seek knowledgeable legal guidance right away.


 

 

[r1]http://www.nycourts.gov/faq/orderOfProtection.shtml

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