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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

When is an Order of Protection Appropriate in Your Divorce Case?

Getting a divorce, or even being in a situation where you are considering a divorce, is never easy. However, some divorces are nastier than others, and in some cases may require an order of protection for the sake of keeping yourself and your loved ones safe. But what exactly is an order of protection, and when is it appropriate to seek one out?

Defining the Order of Protection

An order of protection, also known as a restraining order, is a type of court order that is issued by a court in cases where violence has been committed by one person against someone else. In simple terms, an order of protection prohibits someone from coming within a certain distance of someone else, and also limits their ability to contact the other person, such as by phone, text, or email. Often, they will also include limitations to stay away from a person’s school, home, or place of employment.

The Purpose of Orders of Protection

    Orders of protection exist to protect victims of violence from being hurt again by the people that hurt them. Anyone who violates an order of protection by getting too close to their victim, or by contacting them in a prohibited fashion, can be immediately jailed, regardless of whether they have committed any other offenses. While these orders are most often seen in criminal cases, family courts will also issue orders of protection in cases where someone alleges they, or other relatives, have been the victims of domestic violence.

The Right Time for an Order of Protection

Generally speaking, you should seek a restraining order against your spouse or other relative the moment you, or someone else in your household, is victimized by your spouse. You do not need to be in an ongoing divorce case to get an order of protection. You merely need to be able to show a court that you or your other loved ones have been the victims of violence, and that you need protection to prevent further harm.

Additional Benefits to Getting a Restraining Order

In addition to helping keep you safe, getting a restraining order against your spouse can help any future divorce proceedings. It can help you prevent your abusive spouse from getting custody or visitation rights over your children, and it can even potentially weigh in considerations about the distribution of marital property. However, to truly understand how it can benefit you, you should speak to a New York family law attorney who can help you with your case.

If you have questions regarding any aspects of family law, you should seek advice from an attorney experienced in handling these matters. A New York matrimonial lawyer, who is experienced in handling family law cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute related to the equitable distribution of property, child custody, child support, or any other family law issue, contact the Suffolk County family court lawyers at McGuire, Peláez and Bennett at (631) 348-1702, or visit our contact page.

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Reviews

They were a big help with a case I had that had been prolonged by NYC. With their help I avoided 8 points & an increase on my insurance. Can't recommend them enough, well worth the money.
Me fue bien. Trabajan muy bien. Son recomendados
Response from the owner:Thank you very much for your positive review, Orlando. We appreciate you coming to us for legal assistance, and hope you consider us if you need any further help.
Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
Response from the owner:Thank you very much for your review, Joel. We are glad we could be of assistance. Please let us know if there are any future legal issues you need help with.
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Response from the owner:Maeve, we greatly appreciate you leaving your review. We are happy to have been of service, and hope we can help you again if you ever need any assistance with a future legal matter.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
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