Orders of Protection
Orders of protection are usually granted to individuals who have been victims of emotional or physical abuse, domestic violence, harassment, assault, and stalking. It is up to the judge’s discretion to determine the duration or whether or not the protective order will be granted at all.
If along with a criminal charge, the District Attorney has requested an order of protection to be issued, it is vital, it is vital that you consult with an attorney experienced with orders of protection in Nassau County as soon as possible. She can refute the evidence that the District Attorney’s Office is presenting against you in a way that is favorable to you, which could lead to a desirable outcome.
Garden City Protective Order Attorney
In some cases, the courts will put an order of protection in place against you that is unreasonably strict or unfair. In order to prevent this, it would be beneficial to contact Law Office of Stephanie Selloni as soon as possible. Stephanie Selloni is a dedicated Nassau County defense attorney who will meticulously review the details surrounding your case and attack the prosecution’s case at the best angle.
If an order of protection is put in place against you in Garden City, Hempstead, Massapequa, Syosset, Valley Stream, Hicksville, Nassau County, Suffolk County, or any of the five boroughs of New York City, contact Law Office of Stephanie Selloni today at (516) 972-1212.
Information on Protective Orders in New York
- What is the Purpose of an Order of Protection
- Order of Protection Hearing in Nassau County
- What Determines the Length of an Order of Protection?
- Working with a Quality Order of Protection Defense Lawyer in Long Island
Protective orders are designed to prevent an individual from communicating or coming in contact with another, along with providing protection for the alleged victim of abuse.
More specifically, protective orders can:
- Order the alleged abuser to refrain from communicating with the petitioner in person, by mail, or electronically
- Give one parent custody of the children
- Lead to orders of temporary child support
- Order the alleged abuser to give up firearms and firearm licenses
The details and requirements of an order of protection may differ from case to case. The court will attempt to put a reasonable protective order in place that best provides the petitioner with safety and peace of mind.
According to New York Family Act § 828, if an individual files a petition for a protective order, and the courts determine that there is “good cause”, or that the individual is in need of immediate protection, he or she can be granted a temporary order of protection which will generally be in place until a formal protective order hearing takes place.
At the protective order hearing, the petitioner and alleged abuser will be able to present their arguments on why the order of protection should or should not remain in place. Based on the evidence and arguments presented by both sides, a judge will decide whether or not to issue a final order of protection.
With the help of a Nassau County domestic violence attorney, the alleged abuser will have a greater chance of having the petition for a protective order denied.
What Determines the Length of a Protective Order?
In New York, most protective orders are granted for a period of two years. However, they can last up to five years if the judge determines that one or more aggravating factors are present. Some of the aggravating factors include:
- A dangerous weapon was used against the petitioner
- The abuser has a history of violating protective orders
- The abuser has been convicted of previous crimes against the petitioner
- Prior incidents by the abuser that show that he or she is a serious and ongoing danger to the petitioner
The aggravating factor most cited by judges is that the defendant caused serious injury to the petitioner. In this event, final protective orders are more likely to put into place for an extended period of time, in order to further protect the safety of the petitioner.
If you face an upcoming protective order hearing in Long Island, Nassau County, Suffolk County, New York City, Garden City, Valley Stream, or the surrounding areas, contact Law Office of Stephanie Selloni. Stephanie Selloni is a knowledgeable and compassionate defense attorney who will ensure that you are adequately prepared for your impending hearing. Call her today at (516) 972-1212 to schedule a consultation to discuss your case.