When a person that is either a member of your family or someone you used to have a relationship with has been harassing you, threatening you, or making yourself or your family feel unsafe, it may be time to consider an order of protection. When you request an order of protection, you will have to figure out which court will be the best way to obtain one depending on your situation. If the individual is a current or former spouse, a family member, the other parent of your child, or someone you once had a relationship with, you will go through Family Court.
An order of protection will generally be issued upon a person’s release from custody through criminal court. Supreme Court orders are granted during a divorce proceeding.
It is important that if you feel as though you are in any danger at all, you obtain an order of protection. It is better to take safety precautions than risk something bad happening. There are no filing fees for orders of protection in New York State. Most orders of protection are recognized in other states to ensure that the person cannot contact you no matter which state you are in.
If you need an order of protection, you will file the Family Offense petition as the petitioner against the respondent, or the person you want protection from. For assistance in obtaining protection, you should contact an experienced family law attorney as soon as possible.
If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.