In Family Law, the Order of Protection is used to protect an abused party who has been subjected to a violation the New York Penal Law. These violations range from harassment, stalking and menacing to more physically violent acts, such as assault.
An Order of Protection can have varying terms. It can order a person to stay away from the subject party or even their children. It can also order that there be no communication between parties. Sometimes, a Court will determine that a stay away Order of Protection is not appropriate given the facts alleged in the petition. In that case, the Court may determine that an Order of Protection with an order that there be no harassing or intimidating be granted on behalf of the complaining party.
If the party against whom the Order of Protection is entered against violates the Order of Protection, he or she faces arrest and a potential charge of contempt of court for violating the Court’s order.
Strong advocacy is an essential part of the Order of Protection process. Securing an Order of Protection or fighting against an unjust Order of Protection is often a critical juncture in a divorce or child custody case. At the Law Office of Joshua Adam Kittenplan, we handle many Order of Protection cases, offering our clients vigorous representation at such an important time in their lives.
Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship