If you are being abused or believe your safety is at risk, you can take legal action to protect yourself against the person who is threatening your wellbeing. An experienced family lawyer can guide you through this process and ensure it goes smoothly, without any unnecessary delays. Continue reading to learn more about what it takes to obtain an order of protection.
Seeking an Order of Protection
Generally, this process will begin with a petition you must file to which your abuser will be the respondent. In many cases, a judge will issue a temporary ex parte order of protection on the intake date immediately. However, if one is not ordered for you, you can request one.
When filling out the form for your petition for an order of protection, it is critical to provide as much detail as possible. If you were abused or threatened with abuse, include the dates, use descriptive language, and any pain you may have suffered. For example, if you were hit, slapped, strangled, or threatened with physical violence, do not spare any details and always be specific with your language. It is important to paint a clear picture of your situation.
Depending on the circumstances of your case, after a judge reviews your petition, a summons may be issued for your abuser to attend court on a specified date or a warrant for your abuser’s arrest may be issued. There are typically two paths your case may take to achieve a final order of protection. First, your case may go to trial, during which you and your abuser will have the chance to provide testimony and supporting evidence. Second, instead of a trial, you and your abuser may come to an agreement to have the final order of protection issued. If an order of protection is issued with the consent of the respondent, it typically expires in two years.
If you can prove aggravating circumstances, an order of protection may last up to five years.
Request a Consultation with One of Our Experienced Family Law Attorneys Today!
If you need an order of protection, the family law team at Arnel Law Firm can provide the skilled and compassionate representation you need to smoothly navigate your case, so you can obtain the results you deserve.
Reach out to our law office today at (718) 550-3024 to schedule a consultation with one of our attorneys and get started on your case!
