A party can bring an application for an order of protection against another member of the same family or household under the Domestic Relations Law and/or Article Eight of the Family Court Act based on certain enumerated offenses that are also penal law (criminal law) offenses. “Members of the same family or household” includes the following:
- Persons legally married to one another;
- Persons formerly married to one another;
- Persons who have a child in common (regardless of whether ever married); and
- Persons related by consanguinity or affinity.
The party seeking the order of protection has to plead and prove that they were the victim of one or more of the following penal law (criminal law) offenses:
- Disorderly Conduct;
- Harassment;
- Aggravated harassment;
- Stalking;
- Menacing;
- Reckless endangerment;
- Assault; and
- Attempted assault.
Upon the application for the order of protection the court has the jurisdiction to issue a temporary order of protection (even if the other party is not present at court).
“The court most likely will issue an order of protection upon reviewing the application even before the accused party has the opportunity to be heard before the court.”
An order of protection can order the person to stay away from the applicant, refrain from harassing or otherwise bothering the applicant, refrain from consuming alcohol when in the presence of the applicant or children and host of other relief.
If the parties do not agree to a final order of protection, and the applicant refuses to withdraw the application for the order of protection the court will hold a fact finding hearing to determine if the alleged acts occurred. If the court finds that the acts did occur, the court will then hold a dispositional hearing to determine the final outcome.
After the dispositional hearing the court will issue a dispositional order. The dispositional order may contain several different forms of relief, including the following:
- Dismissing the application;
- Suspending judgment;
- Placing the accused party on probation;
- Issuing a final order of protection; and
- Directing restitution.
If you are contemplating making an application for an order of protection, or if you have received a summons to appear in court to defend yourself against an application for an order of protection, you should consult with experienced matrimonial attorneys without delay so you can determine and protect your legal rights.
The lawyers at the Law Offices of Paul A. Boronow, P.C. have been prosecuting and defending applications for an order of protection across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results. We are aggressive and dedicated and remain a mere phone call away.
CALL TODAY FOR A FREE CONSULTATION. |
