An order of protection is a court ordered that is issued in order to protect an individual from threats of harm or violence. When an order of protection is issued, it commands someone who presents a safety risk to stay away and stop causing a danger. For example, if a man is abusing his wife or his child, an order of protection can prohibit him from coming close to his family or going to the family home.
There are three primary types of protective orders in New York: those issued by the Supreme Court, those issued by a criminal court and those issued by a family court. Anyone who faces a threat and who can prove cause for concern can generally obtain one of these different types of orders of protection. Latimer/Stroud, LLP can assist clients
in Albany, Schenectady, Saratoga and throughout New York who need the court to keep a dangerous person away, and can also represent clients who are facing a pending action for an order of protection they do not believe is appropriate or justified.
Who Can Get an Order of Protection in Albany?
In Albany, criminal orders of protection are typically issued as part of a defendant’s bail or release. Only someone who has been charged with a crime will be subject to a criminal order of protection, and it is the New York district attorney who will ask for this court order. This means an individual cannot obtain a criminal order of protection.
An individual can, however, go to family court and get a protective order against a current or a former spouse; against a family member related by blood or marriage; against someone who shares parentage of a child; or against anyone with whom the individual shares an “intimate” relationship. This intimate relationship does not necessarily need to be a sexual one, but instead can be any type of relationship where the parties have known each other for a long time and are closely connected in some way.
Provided you qualify based on a family relationship, a person seeking an order of protection will still not automatically get one. The individual who wants the court order will need to provide sufficient information to prove that there is reasonable cause that harm could occur. If you are being threatened, harassed, or faced with any type of physical violence, you can file for an order of protection to try to stop the behavior and you should provide as many details as possible about the circumstances that have led to your request.
Latimer/Stroud, LLP understands the types of information that the judge looks for when deciding whether to issue an order of protection in Albany. These orders are serious and carry criminal penalties for violations, so it is essential that all parties involved be represented by a lawyer when a protective order is sought. Call today to speak with a member of our legal team and learn how we can represent you.
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