Protection from abuse orders, also known as restraining orders, are legal documents aimed at preventing acts of abuse and violence by a person towards another. In New York, protection from abuse cases is heard in family court, where an individual can obtain an order of protection against a spouse, intimate partner, or family member.
The role of an Attorney
A protection from abuse attorney plays a crucial role in ensuring that their clients receive the protection they need and deserve. An attorney can provide legal representation to those who are seeking an order of protection or to those who are defending against such an order.
Assessing the case and providing advice
The attorney that specializes in protection from abuse has the experience to assess a case and give the client sound advice regarding the case. They can also help their clients understand the legal process involved in obtaining an order of protection and what to expect in court.
Filing the petition
A protection from abuse attorney can assist their client in filing a petition for an order of protection in the appropriate family court. They can also represent their client in court, present evidence and make arguments to support the client’s request for an order of protection.
Negotiating a settlement
In some cases, an attorney can negotiate a settlement between the parties involved, which can lead to a resolution without the need for a trial. This can be a more efficient and cost-effective solution for the parties involved.
Enforcing the order
If an order of protection is granted, protection from abuse attorneys can help their clients enforce the terms of the order. In one instance, this might entail filing a contempt of court motion against the person who violated the order, as well as taking legal action against that person.
In conclusion, protection from abuse attorneys plays a vital role in the New York legal system by providing legal representation and support to those seeking an order of protection. A lawyer with experience can give their clients the peace of mind that their rights will be protected and that they’ll receive the protection they need to remain safe at all times.