Assisting Domestic Violence Clients in New York Circuit Courts
At New York Lawyers Team, our attorneys take allegations of domestic violence very seriously in Albany. Unfortunately, in the 30 years that our firm has practiced family law we have had to handle many cases involving domestic violence. Physical violence and the threat of physical violence are never acceptable and we take all possible precautions to protect our clients and our clients’ children. Depending on the circumstances, obtaining a restraining order or order of protection may be necessary.
Orders of Protection in Albany
If you or your children are the victims of a physical assault, threats or stalking by your spouse, significant other, or other family member, you can obtain a protective order to provide a layer of legal protection. In New York, restraining orders are called orders of protection, and they place legal restrictions on the accused abuser. There are several types of orders of protection in New York including:
- Emergency Order – These protective orders can be obtained immediately on a temporary basis by going to court. The accused does not have to be present for an emergency order to be issued. Emergency orders typically expire in 14-21 days. In order for the protective order to be extended the victim must attend a hearing.
- Interim Order – When a hearing cannot be scheduled before the expiration of an emergency order, an interim order is used to bridge the gap. For an interim order to be issued, the accused abuser must have either appeared before a judge or been notified of the upcoming hearing.
- Plenary Order – After a hearing in which both sides have the opportunity to present their evidence, a plenary order can be issued if the victim’s case is proven. These orders can last for up to two years.
False allegations of domestic violence during contested divorces are not unheard of in Albany, as such allegations can offer a tactical advantage in the divorce. When our clients are falsely accused of domestic violence or falsely named in an order of protection, we investigate the situation and aggressively defend our client.
For more information on how we can assist you with obtaining an order of protection or defend against a false allegation of abuse, contact us to schedule a free consultation. We represent clients throughout New York.