Domestic Violence Issues & Orders of Protection
Domestic violence is any act committed by a family or household member that would constitute a violation of the New York State Penal Law, including such things as harassment, disorderly conduct, menacing and other inappropriate behaviors. Domestic violence offenses are handled through both the criminal courts and the Family Court.
Often issued as a result of domestic violence, an order of protection is a court order that establishes certain obligations with respect to the conduct of an individual toward another person or group. The court may also issue related orders dealing with custody and visitation if children are involved, and may impose other penalties, obligations and/or restrictions.
Under certain circumstances, where the potential of harm may be imminent, a court may grant a temporary order of protection, based on the assertions of only one party. However, before a permanent order of protection is issued, both parties would be given the opportunity to provide testimony and other evidence to the court, either in support of or in opposition to the requested order.
Orders of Protection typically fall into two categories:
- A “Stay Away” Order directs a person to have no contact with another person. This usually includes staying away from that person’s home or work, as well as refraining from any form of communication with that person (directly or indirectly), except as may be specifically permitted.
- A “No Offensive Conduct” Order does not obligate the person to stay away from another person, but requires him or her to refrain from any conduct the court deems offensive or inappropriate.
Orders of Protection, or the violation of an Order of Protection, may result in substantial penalties or consequences, many of which are not always anticipated. Our attorneys have experience working with those in need of an Order of Protection, as well as those who are the subject of a request for an Order of Protection.