If you are the victim of an act of domestic violence, your first step may be to call 911. Your next step will likely be to file a restraining order, also known as an order of protection. A restraining order is a tool utilized by many victims of domestic violence. Read on to learn more about what a restraining order is, how it can help you, and how you can obtain one.
Key Takeaways: Getting a Restraining Order in Suffolk County
- What it is: An Order of Protection legally requires an abuser to stay away from you.
- Where to file: You can file at the Suffolk County Family Court located in Central Islip.
- Cost: Filing a family offense petition is completely free.
What is a Restraining Order?
A restraining order is a legal document that will limit the contact between a victim of domestic violence and his or her abuser. In many cases, it will prevent an abuser from contacting the victim, and it will now allow them at the home, work, or school of the victim. This can be a great way to protect yourself and your family while you work out the legal matters of your situation.
What Can I Get One For?
You can get a restraining order for a number of reasons. Some of these reasons can include sexual, economic, and emotional abuse. Isolation, emotional persecution, terrorization, sexual exploitation, and other situations can be considered domestic violence. Domestic violence is not always what we think of it. For example, when people think of domestic violence, they often think of physical harm, but there are a lot of other situations that are considered domestic violence. If you are unsure whether your situation calls for a restraining order, reach out to our firm to discuss your case and all of your various options.
How Can I Obtain One in New York?
Step 1: File a Family Offense Petition
To start the process, you must submit a petition detailing the abuse. Residents typically file this at the Suffolk County Family Court in Central Islip.
Step 2: Receive a Temporary Order of Protection
A judge may grant immediate, temporary protection before the abuser is even notified.
Step 3: Attend the Fact-Finding Hearing
If you need to obtain a restraining order, you can go to your local police station or local family court. Here, you will likely be issued a temporary restraining order (TRO). The next step will be a hearing. You and your abuser will have to attend court where a judge will determine whether the restraining order should become permanent. You will have to provide proof that your abuser is an immediate threat to you or your family. This can sound daunting, but our firm is here to help you. We can help you gather evidence and support you through the process.
If you or a loved one is interested in obtaining a restraining order in New York, contact our firm for more information. We will advocate for you and your family and help you live a healthy and safe life.
Frequently Asked Questions
How much does it cost to get an order of protection in Suffolk County?
Filing for an order of protection in Family Court is completely free.
How long does a restraining order last in New York?
A permanent order of protection typically lasts up to two years, but it can be extended up to five years depending on the severity of the case.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. 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.
