Orders of Protection
Orders of protection can be obtained in Family and/or District Court. In Family Court, orders of protection are called “O” Docket Cases. They are labeled as family offenses. There are basically two types of orders of protection:
- Stay away orders of protection
- Refrain from orders of protection
Clauses can be added to orders of protection, including those directing the parties to attend the following:
- Parenting classes
- Anger management
- Counseling treatment
- Mental health evaluations
- Substance abuse evaluations
- Drug testing
When you need an order of protection
You should get an order of protection if you suspect the following activities or condition of the respondent (here, the respondent would be your spouse or the father or mother of your child):
- Drug use
- Mental problem
- Commission of a family offense such as harassing, threatening, or being physical
Often people show up at Family Court and attempt to obtain orders of protection by themselves. They are better served by coming to the undersigned firm first. We prepare the petition, and we write your statement of facts with expertise so that it is clear to the judge why you need the order of protection that you are seeking. We present your facts in the manner in which they should be presented to get you the order of protection you need.
Most often, when people show up at Family Court, they simply complain to a clerk who writes down the facts that they are given, and usually the client does not have enough time to go over all of the facts. The clerk does not have the skills to present the facts in a manner that would highlight to the judge the urgency of the order of protection.
Defending against orders of protection
Conversely, we are well-versed in beating orders of protection. Orders of protection have been misused and overused. Indeed, family law practitioners often joke how orders of protections are given out “like candy,” and/or it has been said that there should be a drive through window in Family Court for orders of protection. This is because none of the judges want to be questioned by Channel 12 news after they deny an order of protection and someone gets hurt. Therefore, a lot of the Family Court judges play better safe than sorry, causing extreme hardship—financial, emotional, and otherwise— to people as a result of false allegations or overreaching statements in orders of protection. If you think that you were served with an order of protection and that you should not have been asked to stay away from your house or refrain from communicating with your spouse or children, contact us immediately.
Mr. Salamone’s trial skills are superior, and he is well known for his aggressive courtroom tactics.
Have an attorney at your side
It behooves you to show up at the first appearance with an attorney. If you are trying to impress the court with your responsible nature and if you would like the judge to hear your side of the story, it behooves you to bring an attorney. We are very successful in orders of protection cases, and we are in court handling orders of protection every day.
Contact us immediately if you need an attorney for an order of protection matter.
Call either of these numbers today to reach Bryan L. Salamone & Associates
- 631-424-3597
- 516-222-ATTY
