Successfully Establishing, Enforcing And Defending Against Orders For Protection For More Than 25 Years
Domestic violence cases are often stressful and emotionally taxing. When seeking to establish or enforce an order for protection (OFP), it is important to seek the help of a lawyer experienced with domestic violence cases to ensure that your case is handled expeditiously and carefully.
Attorney Jeffrey DeRoberts and the team at the DeRoberts Law Firm understand the challenges you may be facing and work hard to create a supportive and compassionate environment while providing the legal knowledge you need to understand your rights.
Helping You Understand How An Order For Protection Can Protect Your Family
Family law cases are often complex and may involve significant conflicts between the involved parties. If one party exhibits threatening behavior or has a history of inflicting harm, the court may issue an order for protection as a safety measure. An OFP prohibits the subject from further threatening, injuring or harassing you or your family. Typically OFPs order the offender to:
– Stay a specified distance away from you, your children and any other persons listed
– Move out of the family home
– Obey child custody and support orders
– Refrain from owning or obtaining a firearm or other weapons
Many people mistakenly believe that they can handle family problems without interference from the court system. However, a court-issued OFP gives you an added layer of security that is legally enforceable and results in criminal penalties if violated.
What types of protection orders can the court issue?
There are three types of OFPs that can be issued based on your specific situation. They are:
– Family court orders for protection – Family court OFPs are designed to protect family members and those engaged in intimate relationships. Your relationship must fall within a specified category, including current and former spouses, someone with whom you have a child, and relatives by blood or marriage. Intimate relationships do not necessarily need to be sexual. The court considers how long the parties have known each other and how often they see each other.
– Criminal court orders for protection – If someone has been charged with a crime, the court may impose an OFP as a condition of release and/or bail. The OFP is issued against the defendant and protects the victim of abuse also known as the complaining witness. There is no requirement for a current or pre-existing relationship between the defendant and the victim.
– Supreme Court orders for protection – During an ongoing divorce proceeding, you may request an OFP either through a written Motion or Order to Show Cause or orally during a court appearance.
Whether you need assistance establishing or enforcing an OFP, it is vital that you seek advice and representation from an experienced attorney with the skills necessary to achieve a favorable outcome. We have significant experience obtaining all types of OFPs, as well as defending against specious accusations of violence.
Turn To A Renowned Family Law Firm For Help With Any Type Of Domestic Violence Situation
At the DeRoberts Law Firm, our primary goal is to help each client overcome legal challenges and move on in the best possible position. If you have a question about how an order for protection can help you, call us at 315-479-6445 or contact us online to schedule a free initial consultation. We offer flexible office hours at our centrally located Syracuse office for your convenience.