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An order of protection also known as a restraining order is issued by either a criminal court, family court or the Supreme Court to limit the behavior of a person who harms or threatens to harm another person. It addresses various issues including harassment, sexual assault, domestic violence, stalking among others.
An order of protection directs the offender not to threaten, injure or harass the plaintiff or any other person mentioned in the order of protection. It includes a variety of provision such as:
- Stay away from the plaintiff including his or her family and children
- Move out of the home in case of domestic violence
- Follow custody orders
- Pay child support and other monetary support such as mortgages
- Not to have a gun
- Stop the abuse
Usually, there are three types of order of protection:
- Emergency protective order (EPO)
This order is effective immediately but it expires in less than a week. It is often used by the police to restrain a violent spouse.
- Temporary Restraining Order (TRO)
A TRO expires in a few weeks or until an order protection hearing is held.
- Permanent restraining order
This order lasts for a number of years after which it can be renewed if the abusive behavior has not stopped.
Order of protection can be quite confusing and it is sensitive and serious in nature; it is not just a piece of paper. Disobeying it has serious consequences and you may also have options to have it removed which you will not know until you talk to an attorney who is experienced in such cases. If you are accused of a criminal offense that leads to an order of protection against you it is prudent to have an experienced attorney in New York who will help you understand your rights.
The prosecutors and the judges are focused on protecting the rights of the victim, therefore, speaking to an experienced attorney will be very helpful. He or she will preserve any possible remedies available and inform you about your rights.
At Arrestny.com, our criminal defense lawyers have a vast experience in dealing with situations where you are a defendant to an order of protection. We fully understand all the aspects of such cases and you will be well represented.
We genuinely care and we work hard to ensure all our clients are satisfied. If there is an order of protection against you, contact us today at (877)692-4198 any time to discuss your case and we will be happy to help you.
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