In the State of New York most Orders of Protection cases are brought in the Family Court. The purpose of Orders of Protection are to help individuals be protected from abuse, harassment, threats and/or stalking by intimate partners or family members. The Orders of Protection in the Family Courts are civil proceedings. Violating a Family Court Order of Protection can result in criminal contempt charge, which is a felony.
The Order of Protection
An Order of Protection is a Court Order that limits one party’s contact with another party. Sometimes the Court Orders have stay away provisions. Sometimes the Order does not allow any contact between the parties. Other Orders of Protection allow the parties to share a residence. The purpose of Orders of Protection are to reduce the potential for harm and to protect an individual. Sometimes Orders of Protection are referred to as a Protective Order, Stay Away Order or Restraining Order.
The Father’s Rights and Orders of Protection
There should be a uniform standard as to who gets an Order of Protection. However, that is not always the case. The Judges are sometimes more inclined to give Orders of Protection to women based on minor allegations or false allegations. Sometimes Orders of Protection are improperly used in child custody situations to prevent a father from getting custody of the children. If you are on the receiving end of an Order of Protection, be advised that these Orders can be challenged. You should be careful not to consent to an Order of Protection. The violation of an Order of Protection can cause one to be arrested and charged with a crime. Should you be served with a Petition for an Order of Protection it is in your interest to immediately contact an attorney who is experienced in dealing with the issues involving challenging these Orders of Protection.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
About Elliot S. Schlissel
