A Help and a Hindrance: Improper Protective Orders
An order of protection is a powerful tool. Throughout New York, orders of protection help to protect individuals and their families from threats of violence, or abuse at the hands of another.
Filed by a petitioner, a protective order can require the respondent to stay away from a family home or workplace, require payment of child support, compel someone to refrain from certain acts or behaviors, and provide penalties for violating those conditions.
The issuance of an order of protection through the Family Court[H1] is a civil proceeding that intercedes between family members or intimate partners. Given the occurrence of domestic violence in our society, the necessity of protective orders is unquestioned in the proper circumstances.
Too often, an order of protection is sought not for protection, but as an emotional ploy—or worse—a tactical move in a heated divorce or child custody proceeding.
With our focus on family law, we vigorously defend clients against protective orders obtained and used for wrongful reasons, including the following:
- Manipulating, controlling, or abusing
- Providing a quick means of eviction
- Influencing the outcome of a child custody or divorce action
- Restricting or eliminating access to children by the respondent
- Obtaining temporary child support
- Enacting vengeance
An order of protection is a needed safeguard in our society. Nevertheless, an improperly obtained protective order is by itself abusive. If a protective order is wrongfully obtained against you, immediately seek experienced counsel—for your own protection.