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Getting an Order of Protection

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Are you concerned about getting an Order of Protection in Nassau County, Suffolk County and New York City? At Hedayati Law Group, we offer 150 years of combined experience in Orders of Protection in Nassau County, Suffolk County, and New York City.

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Getting an Order of Protection in Nassau County, Suffolk County, & New York City, New York

If a spouse or other family member has hurt you physically or emotionally or threatened you with violence, an Order of Protection, a court order signed by a judge, can help protect you from abuse, threats of abuse or sexual assault, and stalking. To get an Order of Protection, you must file documents at the court clerk’s office in the county where the abuse took place or where the abuser lives.

Navigating the process of obtaining an Order of Protection in Nassau County, Suffolk County, and New York City can be a daunting task. Seek the services of a seasoned family lawyer who can be your advocate, provide you with all the legal information you need, and draft your Order of Protection.

With 150 years of combined, unmatched experience, Hedayati Law Group brings legal acumen and a background in banking and finance, for a unique, strategic approach to your case. We understand the complexities involved in seeking protective orders and will offer you a competitive advantage, employing our extensive knowledge to guide you through every step with confidence and clarity. Whether you’re seeking protection for yourself or a loved one, our professional yet approachable team is here to offer the support and solutions you need. Contact us at (516) 334-4100(516) 334-4100 to schedule a complimentary consultation.

Key Takeaways About Getting an Order of Protection in Nassau County, Suffolk County & New York City, New York

  • An Order of Protection is a legal document that prohibits an individual from engaging in certain behaviors or contacting another person for the safety and well-being of that person.
  • In Nassau County, Suffolk County, and New York City, orders of protection can be obtained through Family Court or Criminal Court, depending on the circumstances.
  • Orders of Protection can provide individuals with a sense of safety and security, and legal consequences for violating its terms.
  • Carefully following the conditions outlined in the Order of Protection is crucial for avoiding any potential legal repercussions.
  • The process of obtaining an Order of Protection may involve filing paperwork, attending court hearings, and providing evidence or testimony.
  • Whether you are seeking an order of protection for yourself or a loved one, it’s important to have a knowledgeable and skilled legal team on your side to protect your rights and well-being. Hedayati Law Group is dedicated to supporting and guiding clients through this process with professionalism, empathy, and compassion.

What Does an Order of Protection Do?

A Protective Order may be issued via court order for various reasons, including:

  • Prohibiting the person in question from committing harassment or physical abuse
  • Prohibiting the person in question from intimidating the children
  • Restricting or deny visitation rights for the person in question
  • Prohibiting the person in question from entering the victim’s home
  • Prohibiting the person in question from visiting the child at school

Temporary Restraining Order

A Temporary Restraining Order (TRO) in Nassau County, Suffolk County, and New York City is a legal measure providing immediate protection to individuals facing threats or harm. In these jurisdictions, a lawyer representing the individual typically seeks a TRO when there is an urgent need to prevent contact or specific actions by another party that could cause harm or harassment. A TRO’s primary purpose is to maintain safety and peace by legally prohibiting the alleged offender from engaging in certain behaviors towards the petitioner.

In Nassau County, Suffolk County, and New York City, obtaining a TRO begins with filing a petition with the appropriate court, often in cases involving domestic violence, harassment, or stalking. The petitioner must demonstrate that there is a reasonable fear of harm and that immediate intervention is necessary to prevent injury or harassment. The court may issue an ex parte protective order, meaning it can be granted without the respondent being present, to ensure swift protection.

A temporary measure, a TRO generally remains in effect until the scheduling of a court date for a hearing, during which both parties can present their case to the judge, who may decide to extend or modify the order or issue a permanent Order of Protection based on the evidence and circumstances presented.

It’s important for individuals seeking a TRO in these areas to understand the specific legal procedures and requirements, as the nuances of filing and enforcement can vary. Consulting an experienced lawyer from Hedayati Law Group, can provide invaluable guidance and ensure that the petition is handled effectively and efficiently, safeguarding the petitioner’s rights and well-being.

Steps in Obtaining Protection Order

Obtaining a Protection Order in Nassau County, Suffolk County, and New York City involves several key steps designed to ensure the safety and legal rights of individuals in need of protection.

  1. Filing the Petition: The process begins with the petitioner submitting the required forms for a Protection Order at the appropriate family court. The petitioner must provide detailed information about the incidents of abuse, harassment, or threats, and explain why protection is necessary.
  2. Temporary Order of Protection: Upon reviewing the petition, the court may issue a Temporary Order of Protection if the situation warrants immediate intervention. This temporary order offers immediate protection to the petitioner until a court date for a hearing is scheduled. This temporary Protective Order can be granted ex parte, meaning the respondent does not need to be present at this initial stage.
  3. Serving the Protective Order: Once a judge issues a Temporary Protective Order,  it must be served to the respondent. This crucial step legally informs them of the restrictions placed upon them. In New York, police officers or professional process servers handle the serving of protection orders.
  4. Full Court Hearing: A court hearing is scheduled where the person seeking the Protective Order and the respondent can present their evidence and testimony. This hearing allows the judge to assess the situation in detail and determine the necessity of a long-term or permanent Protective Order.
  5. Judge’s Decision: After considering all the evidence and testimonies, the judge will decide whether to extend, modify, or terminate the temporary order. If the evidence supports the need for ongoing protection, the judge may issue a final order, which could last for a specified period or be permanent, depending on the circumstances.
  6. Enforcement and Compliance: Once a Protection Order is granted, it is imperative for the order to be enforced strictly. Any violation of a Protective Order by the respondent can lead to legal consequences, including arrest and criminal charges.

Due to the complexities of pursuing a Protective Order, which has specific legal requirements and nuances in each jurisdiction, seek guidance from the experienced legal professionals at Hedayati Law Group. We can help you move through the process correctly and efficiently, while protecting your rights.

Legal Assistance For Domestic Violence Victims

Domestic violence is a serious issue that affects many individuals and families. If you’re dealing with domestic abuse in your marriage or from another family member, our compassionate attorneys at Hedayati Law Group P.C. are committed to helping you seek protection and justice. We understand the sensitive nature of these cases and will provide you with the support and guidance you need during this difficult time.

Our attorneys can assist you with:

  • Submitting the required paperwork
  • Providing you with legal representation in family court or criminal court
  • Being an advocate for your rights and safety
  • Explaining your legal options and rights

Hedayati Law Group Offers Over 150 Years of Combined, Unmatched Experience in Helping Clients Pursue Protective Orders in Nassau County, Suffolk County, & New York City

If you found this information helpful, let our knowledgeable and experienced team help you pursue Protective Orders as part of your safety planning. From your first complimentary consultation to submitting the proper documents to representing you at the Courthouse, a lawyer from Hedayati Law Group is ready to provide the legal resources you need to prioritize your safety and the safety of your loved ones. Contact us at (516) 334-4100(516) 334-4100 or complete our online form to schedule your complimentary consultation.

Hedayati Law Group, P.C. ~ We Fight for You with over 150 Years of Combined, Unmatched Experience

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