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Order of Protection Questions

An Order of Protection addresses various kinds of safety issues. An Order of Protection is issued by the court to control the behavior of an individual that has or is threatening to harm another individual.

The Order of Protection could instruct the offending person to not harass, threaten or injure another individual, that person’s family or any other person as mentioned. Order of Protection can also direct the offending person to move out of another person’s house, stay away from another individual (the spouse, in several cases) and children, pay child support, follow custody orders and abide by other such terms as may be listed in the order of protection. Having an Order of Protection in place often causes questions for not only the person that is protected but also for the one with the order against.

Below are the frequently asked questions about order of protection - how to get an order of protection, violation of order of protection and other questions answered by Experts.

Can someone file an Order of Protection against somebody on grounds of ill morals such as drinking and swearing?

An Order of Protection cannot be filed against someone on grounds of morals but if the person in question poses a physical threat or danger to the child/children, then the parent can restrict the contact of that person with the child/children in the form of visitation rights.

What can an individual do if they have a false Order of Protection filed against them, which is affecting employment opportunities?

If an individual has a false Order of Protection filed against them , they can file a motion with the court requesting the case record to be sealed on grounds since this false claim is affecting their ability to gain employment.

What rights does someone have, in the state of New York, if an abusive estranged spouse violates the Order of Protection?

In such circumstances, this individual may consider hiring an Attorney and then filing a Motion for Contempt against the abusive spouse. In several cases, situations of violation of an Order of Protection may have witnesses who could have seen the incident, and would not be biased towards or against one side.

Will a temporary Order of Protection appear on an individual’s record? How can one defend it if it is false?

The Order of Protection will appear on the record of the individual against whom the temporary order has been filed against. The Order of Protection could even affect the individual’s opportunities for employment in the future. However, before the order is made certain, this individual can be represented by the counsel and their Attorney could show that the Order of Protection is not necessary and that the complaint is untrue.

How can one obtain an Order of Protection against a spouse who drank and drove their child home?

One can get the Order of Protection with the help of the Family Court. The information and facts can be used to apply for Order of Protection for not only the child’s safety but the other spouse as well.

If this individual is living in the same house as the spouse, the Order of Protection will require the spouse to leave. If the individual is considering divorce, the Order of Protection would be part of the procedure of filing for divorce.

What if the person who sought for and got the order of protection violates it?

If the person who has filed for the order of protection -against another person –and then contacts this person, the court would have the right to hold that person in contempt. If the person later complains to the court about being contacted again, the court is less likely to be convinced to enforce the order.

Filing for an Order of Protection requires insight into the terms enlisted in the order, the determination to file for an Order of Protection. This will also require knowledge of the legal implications of the Order of Protection. Should you find yourself in a situation where you want to apply for an Order of Protection but are doubtful as to how to go about it, ask Experts who can address your queries.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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7 Family Lawyers are Online Now

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Order of Protection Questions

  • Im 60 yrs old - female. I retired in 2009, I have 2 life long

    Im 60 yrs old - female. I retired in 2009, I have 2 life long pensions. I got married in 2002. When we married he moved into what was my home. After several years of marriage I put the title of the house in both of our names, since this being my house was a constant source of issues with him. He always referred to our home as my house. After we were married he sold his house in Morris, Il and invested the proceeds from that sale into an annuity, which is in his name. I have endured mental abuse for many years from him, I am his forth wife. He is a vietnam veteran who has always had a short wick and a bad temper. After some very ugly arguments and called horrible things, screaming at me, swearing and raging I told him he needed to get some help for his anger issues. I suggested that he probably had PTSD and hopefully the VA would have a program that could help him. I took him to the VA, and went through the entire process of getting him into their system. AFter he started to go on regular basis and he joined the VFW, where he was given advice from other veterans about filing for benefits. After filing several times, he got his benefits substantially increased because of the PTSD, and being in areas where agent orange was dropped. He goes to classes regularly, and is now in his 3rd time of going through a 12 week course. He has continued on the courses because - as he explained to me - he couldn't "graduate" from the previous ones because he still had so many issues. That is just laying a bit of background. During the first 7 years of our marriage I brought in the majority of the marital income. Since I have met him and all of the time we have been together he has worked for cash. Cash that was not disclosed (for the entire amount) on our tax filings. He started to collect social security when he turned 62, 3 years ago. Once his VA benefits were substantially increased, he cut his work for cash back to 3 days a week. His social security and benefits from the VA are directly deposited in our joint checking account, which is also where both of my retirement pensions are directly deposited. As a side note, the first year of our marriage I refinance my house for a better rate, and I got a better rate by borrowing more money than I owed on the residence. I used the extra money to pay off my vehicle, which was brand new and his brand new Harley Davidson. During the 26 years I was working for the State, I contributed as much money as I was able to into a deferred compensation plan. Once I retired I rolled over the funds, which were a little over 100,000.00 into a guaranteed annuity. That annuity is now approx 200,000.00. I have never drawn anything from my annuity. My husbands annuity - which started at 50,000.00 - is now a bit under 40,000.00. He has taken lump sum payments once a year on it. Once his VA benefits were substantially increased he stopped giving me any cash at all, I don't know where he puts the 600.00 a week (for 3 days of work) that get brings home. He feels this money is "his". Previously he had given me 200.00 in cash every week to purchase groceries. He said I needed to pay the household expenses out of the joint checking account - which I do. We had started going to a marriage counselor over a year ago. Once he lost his temper in our counseling sessions and became quite loud on more than one occasion he did not want to go see this counselor anymore. I continued to go looking for ways to deal with his anger issues. I have not had a good marriage, but felt this was something I was committed to living with. After over a year of watching him - get worse with his anger issues and not work at all towards resolving any of them I find I cannot go on any further living in fear. What I am worried about - is loosing my house. Loosing fund part of my annuity, and not being able to support myself in this house. I contributed the majority of the funds that got us to where we are now. In times of his anger when he is raising his voice at me, he has stated that he is going to get 1/2 of everything I have. I don't know if this is true or not.
  • The mother of my child has sole physical custody of my child.

    The mother of my child has sole physical custody of my child. At the time when it was settled we were still together so I didn't push for joint physical or legal custody. We agreed together that I will have my son 6 out of 14 days every two weeks overnight. I still pay child support as if I saw my son every other weekend. We have been separated for about two years now and recently she came to me with some disturbing information. About a month ago she attempted suicide and showed me her wrists. She also has told me about the guy she has been dating and how he has physically abused her and in one instant continued to kick her over and over again while holding his infant child. He has also threatened his life and the lives of anyone who tries and be with my ex girlfriend. My son has been involved and this relationship and has been spending nights over his house with her. She swears he doesn't after the abuse started. She always has told me she was going to get a restraining order on him and had never did and recently had still been involved with him. I told her my son should never be around him but due to the fact she has lied about my sons involvement in the relationship in the past I am deeply concerned. Is there anything I can do? I know it's her life and she can date who she pleases but the severity of the situation has me scared something will happen to her (by her or her boyfriend) and even my son. Due to the fact he has beaten her with his own son present why would he care if it was my son there? I don't even know where to start with all of this. She ultimately is a good mother as in takes care of my sons physical needs (food, clothing, school) but she does not understand she is putting herself and my son at risk.
  • I live in apartment with my spouse and the apartment is in

    I live in apartment with my spouse and the apartment is in my name only. I want to file for divorce, but can I have him removed from the apartment once he is served? He says that I can't and even laughs at the fact that he doesn't have to leave. He would make my life miserable if he were allowed to legally live with me while we were going through a divorce.
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