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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