Orders Of Protection
Courts in New York take domestic violence very seriously. In New York, there are two ways for a domestic violence victim to obtain an order of protection. An order of protection can be procured from criminal court or family court.
If an abused spouse calls the police or makes a police report, the police may arrest the abuser and press criminal charges. In this situation the abused spouse may receive an order of protection from criminal court and the court may order the abuser to vacate the marital residence.
The abused spouse may also choose to file a family offense petition in family court and seek an order of protection. Orders of protection in family court are governed by Article 8 of the Family Court Act.
Family Court will issue an order of protection if any of the following family offenses occurred:
- Disorderly conduct
- Harassment in the first or second degree
- Aggravated harassment in the second degree
- Assault in the second degree
- Criminal mischief
- Sexual abuse in the second or third degree
- Menacing in the second or third degree
- Reckless endangerment
- Attempted assault
- Sexual misconduct
- Forcible touching
- Criminal obstruction of breathing or circulation
- Identity theft in first, second or third degree
- Grand larceny in 3rd or 4th degree
The standard of proof to obtain an order of protection from family court is preponderance of the evidence, which means that there is a greater than 50 percent chance that the alleged incidents are true.
Defending allegations of domestic violence
Our firm understands that some alleged victims make false accusations of domestic violence in order to obtain a favorable outcome in their divorce or custody cases. If there is an order of protection filed against you in criminal court or family court, our firm is ready to aggressively represent you. We will go over a case strategy with you to ensure your rights and freedom are protected.
For more information on orders of protection call our office to schedule a strategy session regarding your particular circumstances.
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