If your former partner has breached the terms of a protective order, swift action is crucial to safeguard your rights and well-being. A qualified Suffolk County Domestic Violence Attorney can offer essential guidance, whether you ned to report infractions, seek modifications to custody arrangements, or strengthen an existing protective order. Please continue reading to explore your legal options in New York if your ex has violated a protective order.
What is an Order of Protection?
An order of protection in New York is a critical legal instrument issued by a court to safeguard an individual (the petitioner) from harm by another (the respondent). These directives are typically sought in cases involving allegations of domestic violence. They are designed to restrict the respondent’s behavior and contact with the petitioner, which may extend to family members, household members, or children. New York courts can issue two main types of orders:
- Temporary Restraining Orders (TRO): Provide immediate protection in situations of imminent harm before a hearing can be held.
- Final Restraining Order (FRO): Provide a longer-term order of protection after a hearing where both parties present their case.
It should be noted that for a protective order to be legally enforceable, it must be properly served on the respondent. Violating an order of protection is a serious offense that can lead to harsh consequences, including arrest and child custody modifications.
What Should I Do Immediately if My Ex Violates a Protective Order?
New York law mandates arrest for violations of protective orders. As such, you should call the police immediately. The police will ensure your safety and record pertinent details in their official report.
You should collect relevant evidence, such as:
- Screenshots of electronic communications (text messages, emails, or social media)
- Official police reports documenting incidents or violations
- Recordings of voicemails and detailed phone logs
- Statements from witnesses who can corroborate the abuse or violation
Creating a detailed timeline is critical for establishing the facts, especially if the case escalates or involves future modifications to child custody agreements. Consulting an attorney is in your best interests as they can help you understand your rights and options.
How Can I Strengthen My Protective Order After a Violation?
Victims have the option to petition the court for modifications to a restraining order. These changes can include adding workplace restrictions, establishing school-zone protections, or expanding the geographic limitations of non-contact zones.
A violation that occurs while a TRO is in effect can significantly strengthen the court’s argument for issuing an FRO. Attorneys frequently collaborate with victims to develop safety plans or connect them with essential resources and support organizations focused on domestic violence.
Securing legal assistance is crucial whether you are reporting violations of an existing order, seeking modifications to a custody agreement, or aiming to reinforce a current legal protection. If a protective order has been violated by your ex, please don’t hesitate to contact an attorney at the Law Offices of Susan A. Kassel, P.C. Connect with our firm today for an evaluation of your circumstances.
