ORDERS OF PROTECTION

New York Attorney Ella KohnA person can apply for an Order of Protection against a member of their family or household . Parties to a divorce will often seek that relief in Supreme Court, where their divorce is pending. Others can bring the proceeding in Family Court, if they are related in one of the following ways:

  • Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship
  • Persons formerly married to one another
  • Persons legally married to one another
  • Persons related by consanguinity or affinity
  • Persons who have a child in common

The Offenses upon which an Order of Protection can be granted are as follows:

  • Disorderly Conduct
  • Stalking
  • Reckless endangerment
  • Harassment
  • Aggravated harassment
  • Assault
  • Attempted assault
  • Menacing

The court has the power to issue a temporary Order of Protection to the protected party even when the other party is not present in court.

The Order of Protectiond can provide many different restrictions or restraints, such as requiring the person to stay away from the applicant, not to harass the applicant, not consume alcohol, restrict visitation or custody, and many other restrictions.

If the parties cannot agree to settle the case, and the application is not withdrawn, the court will conduct a fact finding hearing, and if the court finds that the alleged acts actually occurred, the court will conduct a dispositional hearing to determine the outcome.

After the dispositional hearing, there are several different options available to the court, as follows:

  • Dismissing the application
  • Suspending judgment
  • Placing the accused party on probation
  • Issuing a final order of protection
  • Directing restitution

If the court issues a final Order of Protection, the Order can direct the party to "Stay Away" from the protected party, "Do Not Harass" the protected party, restrict visitation rights, make requirements as to alcohol or drug consumption, and a host of other restrictions.

If you are considering making an application for an order of protection, or if you have received a summons or a temporary order of protection, you should immediately consult with an experienced divorce and family law attorney to determine your rights.

Ella A. Kohn, Esq. handles matrimonial and family law actions across New York including in Westchester and Putnam counties as well as New York City and Long Island and is available to assist you in protecting your rights.

Contact Ella A. Kohn about your legal matter today!

Call (914) 358-5500 to arrange for a free consultation.

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Ella A. Kohn
Attorney At Law
235 Main Street, 3rd Floor
White Plains, NY 10601
(914) 358-5500

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