Understanding Orders of Protection Let us help you achieve results you deserve.

Order of Protection in Suffolk County

Suffolk County Divorce Lawyer

It is frightening to be in danger of domestic violence. Your protection is an urgent matter and, if necessary, the police should be called. If you or your children have suffered domestic violence or have been threatened with harm, it is vital that you act quickly to get an order of protection. These orders will restrict the abuser, stalker or individual threatening you from coming near you or your family.

Although there are individuals who violate these orders, it is the first step you can take to protect yourself and your family. If the individual later violates the court order, they can be incarcerated and face legal repercussions.

When you are in danger of harm, it is necessary to act quickly and contact a Suffolk County divorce lawyer from the office of Steven P. Kuhn, Attorney at Law to help you get an order of protection.

Divorce Attorney in Suffolk County: Orders of Protection

A judge will issue an order of protection if there is any threat or incident in which abuse took place. The order is generally in effect for one year and may make it illegal for that person to come within a certain distance of you. There are several different types of orders of protection, including a "stay away order" in which the individual is prohibited from coming within a specific distance of the petitioner.

They will be restricted from entering the home, work, school or other area. Another type of order that could be issued is called a "refrain from order" in which the respondent is restricted from abusing, stalking, threatening, harassing or harming the petitioner.

There are few more dangerous situations than one in which there is an ongoing threat of harm or violence. It is important that you are protected and that you take every possible action that you can. Our staff is concerned with your safety and protection and will move forward quickly to help you get an order of protection. This will allow you to report the individual should they violate it and have them picked up and put in jail where they cannot harm you.

Should I Apply For An Order Of Protection in Suffolk County?

Chances are that if you think you need an Order of Protection you probably do need one. Sometimes people who should be getting an Order of Protection are afraid to get the help that they need due to financial dependence, not wanting to break-up the family, fear of other repercussions within the family, psychological abuse, etc.

Talk to our domestic violence attorney for help.

Final Orders of Protection are either issued after a hearing if a determination has been made that a "family offense" was committed. The claims usually involve domestic violence allegations such as the person has been physically assaulted, pushed, shoved, kicked, menaced, stalked, threatened, harassed verbally or in writing and other specified domestic offenses.

Whether or not a temporary or final order will be issued may depend upon the following:

  • The seriousness of the offense
  • The credibility of the person seeking and person opposing the request
  • Other documentary evidence and the presence of witnesses

More often than not the incidents occur in the home and there are no witnesses. If the police were not called and there are no injuries, then the ability to predict success or defeat becomes murky.

Each judge has their own barometer of truthfulness, what they believe is serious and what they believe is just talk unaccompanied by any further actions to cause a threat.

As a rule of thumb, if the attorney thinks there is at least a 50% chance of success to get the Order of Protection, then the client should apply for one.

If you need help with obtaining or opposing an Order of Protection please contact my office.

Contact a Suffolk County divorce lawyer for an order of protection.

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