An order of protection is issued by a family court judge when there is any type of abuse in the home and you and your children are in danger. If your spouse has been abusive to you and your children, it is crucial you get help as soon as possible. This type of order will help protect you and your children from abuse and can be ordered in many different ways. If you need protection, make sure you get legal help from an Order of Protection Lawyer in Smithtown NY.
Orders of protection can prevent certain behaviors from occurring. They can order another person to:
- Stay away from you and your children
- Leave your home permanently
- Follow all stipulations in a custody order
- Pay you child support
- Give up gun ownership rights
Your order of protection lawyer will first need to file a family offense petition. You are called the petitioner and the other party is called the respondent. This is sometimes done in civil litigation, but can also be ordered in a criminal proceeding. A criminal order of protection may be issued by the judge upon release of an inmate who has been jailed for abuse and violence.
It is against the law to violate an order of protection for any reason. If your spouse continues to contact you, come to your home or tries to see your children outside of a visitation order, you have the right to call the police and have them arrested. If a violation is committed, it is important you file a violation in family court. Though this may not lead to an arrest, it will place information in case file which could act as proof for your case.
If you are in need of an Order of Protection Lawyer in Smithtown NY, visit http://longislandlegal.net/. Allow them to assist you in getting the protection you need through the law. They will help you through every aspect of your case and will give you the emotional support you need so you can make the right decisions for you and your children.
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