Can a divorce lawyer help me get an ORDER OF PROTECTION?

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The short answer is yes. Divorce lawyers can petition the court for an order of protection just like a criminal lawyer can. So if you are the victim of domestic violence or if your ex is staking you or in any way physically putting you in fear of harm, abuse or harassment, you can definitely seek an ORDER OF PROTECTION from the court and your divorce lawyer, just like a criminal lawyer, can bring the petition. So long as this situation is occurring anywhere in New York State you can definitely get a NY divorce lawyer to assist you with it. Outside the state you should probably contact an attorney in the other state.

If you are being harassed by your ex (or anyone else for that matter) by phone, letters or otherwise, you can seek a stay away order from the court. You can petition the court for the order. You can also get the court to issue an exclusion order if you still live together with your soon to be ex.  It doesn’t matter if the house belongs to your ex or is your ex’s name. If you live there and you are being threatened, you can ask for an exclusion order and the court will examine the information it is given and make a determination on your behalf.

It is a myth that only women need an order of protection from their husbands. There are many men who are physically abused by their wives. And in same sex relationships, there is a lot of domestic violence issues too that could warrant a petition for an order of protection.

You can bring your order of protection petition in either family court or criminal court so long as you have a relationship with the respondent. So even if you were not married, if you have kids together or were live in lovers or boyfriend/girlfriend, or even if you are gay, you can bring it in Family court and also in Criminal court. But if you don’t have a relationship that is considered intimate you can only bring it in criminal court.

Orders of protection can be temporary orders of protection or they can be a final orders of protection which is usually valid for a minimum of one year and if your ex or spouse violates this order, he or she can go to jail.

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