Experienced Attorney for Restraining Orders in Chester, New York
Accessible lawyer helps Orange County clients get the protection they need
No one should have to live in fear. If you have been the victim of domestic violence, or if you feel menaced by a relative or intimate acquaintance, you have the right to legal protection. My firm, Meth Law Offices, PC in Chester, can help you obtain an order of protection here in Orange County as well as the surrounding area. I am experienced, accessible and responsive, especially in emergencies. If you have been threatened, assaulted, battered, stalked or menaced, you should immediately contact an attorney for restraining orders in Chester, New York.
What is a restraining order?
Formally known as an Order of Protection, a restraining order is a court order prohibiting the person targeted in the order from engaging in certain behavior. Petitioners can obtain orders of protection from either the Family Court or the Criminal Court. You would seek an order from the Family Court if you wanted a civil resolution to the matter and did not want to pursue criminal charges. However, if you feared for your safety because of a pending criminal case, you would ask the Criminal Court for your order of protection. In some cases, you can get both an order that addresses both civil and criminal measures from the Integrated Domestic Violence Court.
When would you get a restraining order?
Often, a petitioner seeks a restraining order because of a threat of domestic violence from someone in their household. The order can force the abuser to leave the home and stay away from members of the household. You can also seek an order if you are being harassed, stalked, or threatened by someone to whom you are related or with whom you have had an intimate relationship. The order would prohibit the targeted person from contacting you and approaching you at your home or a public place.
What is needed for a restraining order in NY?
To qualify for a Family Court Order of Protection, you must have an existing relationship with the person who is the subject of the order. Qualifying relationships include:
- Current and former spouses
- Parents with a child in common
- People related by blood or marriage
- Unrelated people who cohabitate
- Parties in an intimate or dating relationship
There must also be a qualifying offense, such as assault, battery, sexual assault, menacing or stalking.
How New York residents can get a restraining order
The first step in obtaining an order of protection is to file a Family Offense Petition with the court identifying yourself and the person to be restrained. You describe the family offenses committed and the relief you are seeking, such as:
- Expelling the abuser from your home
- Prohibiting contact with you and your children
- Complying with child custody and support orders
- Surrendering firearms to authorities
My firm prepares necessary documents and supporting materials to strengthen victims’ applications for relief. If you are going through a divorce, you can file for your restraining order with a Motion or Order to Show Cause.
After you file your Petition or Motion, the judge decides whether to issue a temporary order based on your allegations. The court then schedules a hearing, usually within about three days, to decide whether to issue a permanent order. Permanent orders generally last for two years but can be renewed.
A person named in a restraining order must adhere to the terms or face serious sanctions, which could include fines and jail time for contempt of court, as well as possible criminal charges, depending on the nature of the violation.
Contact a Chester, New York family attorney to learn more about restraining orders
Meth Law Offices, PC in Chester, NY represents clients throughout Orange County who need restraining orders for domestic violence matters. Please call 845-610-6596 or contact me online for a free initial consultation.