Long Island Orders of Protection Attorneys
Handling Domestic Violence Cases with Care & Compassion
Orders of Protection (OP) are orders issued by the court that direct a party to observe specific conditions of behavior. An OP can direct a party to stay away from another person, their home, school, or place of business.
An OP can also order a person to refrain from certain types of behavior, including
- Assault
- Harassment
- Intimidation
- Reckless endangerment
- Stalking
- Disorderly conduct
If you fear assault or abuse of any kind, you can seek an Order of Protection as a safeguard against the abusive person. An OP is a wise first step to take in your efforts to protect yourself, your children, and your other loved ones.
At Pickney Law Firm, we can help you file for an OP or defend yourself if someone has filed an OP against you. Whatever the case may be, we want to help you pursue the appropriate legal action to protect your rights and resolve the matter effectively.
How to Obtain an Order of Protection
Orders of Protection are issued in non-criminal matters between individuals with a close or familial relationship.
That could be:
- A current or former spouse
- A person with whom you have a child in common
- Another family member related by blood or marriage
- A dating partner
- A boyfriend or girlfriend
- A former spouse’s new spouse
An Order of Protection is brought by filing a family offense petition or application in either the Family Courts or Supreme Courts of the State of New York. A family offense petition or application must allege that a person against whom the OP is sought violated one of a specific list of enumerated penal law offenses.
A family offense proceeding is not a criminal action. The law simply uses the specific penal law offenses to determine if a “family offense” has been committed entitling the victim to an OP.
The burden of proof to obtain an Order of Protection is proof by a preponderance of the evidence. This is a much lower standard of proof than that required in a criminal case where a criminal offense must be proved beyond a reasonable doubt in order to convict a defendant and permit the court to issue an Order of Protection.
How We Can Help
Pickney Law Firm has litigated numerous family offense petitions, both seeking and opposing the issuance of Orders of Protection in the Family Courts of the State of New York. We have extensive experience in this area of family law and can help you effectively resolve your case. Our firm prioritizes your safety and the protection of your rights.