As a family lawyer, we can help you to get a protective order in to prevent someone from coming in contact with you or your children. There are many reasons why a protective (restraining) order may be necessary. Domestic violence, a potentially violent divorce case, stalking, threats, etc. can all lead to the need for a protective order to make sure that you and your children are safe from the threat of violence.
While some cases, like domestic violence, will trigger the need for a protective order, you still need an attorney to follow through and make sure that it is issued and includes all of the necessary provisions in order to keep you safe. For example, your order needs to list out where you work, where your children go to school, where you and your family live. Including these locations is important for keeping that individual away from you. Otherwise, they may get around the protective order by not coming to your home but continuing to stalk you or your children at work and school.
Once all of the important areas are listed, the protective order does not allow a person to come within a certain distance of you. If, as an example, your home is included and they meet the neighbor, they may be unable to go to the neighbor’s home because it is within a certain number of feet from yours. In this way, a protective order ensures that you won’t “run into” them while taking out the garbage or getting your mail. It allows you to feel safe in your own home again. As a family lawyer, we value the safety of our clients and will work with you to make sure that the protective order is thorough enough for you to feel comfortable.
In New York, there are additional provisions within the law that can benefit you. For example, you may be entitled to attorney’s fees if you win the protective order. This way if an ex-spouse is threatening you or you are being stalked; that other party would have to pay the attorney’s fees you accrued in order to protect yourself from them. This helps to further protect the victim.
A protective order can also force an individual to move out of a home they share with you. In the case of an abusive spouse, this is extremely important. By forcing them to relocate, you and your children have a place to live and your life is not disrupted any further. This portion of the law attempts to inflict justice by forcing the abuser to suffer the inconvenience, rather than placing it onto the victim.
Once a protective order is in place, it call also prevent them from contacting you in any way. This can include over the phone and even email. It will stop them from harassing you in person and through other methods of communication. If they violate the terms of the order we, as a family lawyer, can work to enforce it. For more information, call and schedule an appointment.
