What You Should Know About an Order of Protection
Do you have questions on what you should know about an order of protection? Read this article for guidance. then call our Saratoga attorneys.
1) How Long an Order of Protection Lasts
- An order of protection is designed to keep someone who is harming another away from that person.
- Temporary orders of protection last until the holder’s next court date, and final orders of protection can last from one to several years.
- In the case of aggravated circumstances – such as use of a weapon or infliction of bodily harm – a five-year order of protection may be entered.
2) What to Do if Someone Violates an Order of Protection
- You need to immediately call the police in this type of situation
- You should also go to your family court to file a petition for violation of that Order of Protection
3) Accidental Violation of an Order of Protection
If an order of protection has been ordered against you, before you meet with the party who the order affects, it’s important that you carefully read the order because you can be in violation of an order of protection even when the other party invites the contact. For example, if there is a full Stay Away Order of Protection against you – an order of protection which clearly states that you are to stay away or refrain from any contact with the petitioner – you cannot meet with the petitioner to try to work out your differences at that time while the order is in effect.
However, if the order only states that you must refrain from illegal contact with the petitioner – that’s commonly known as a refrain from order of protection – it is perfectly fine to meet with the petitioner to try to sort out your differences. However, I do recommend that you consult with an attorney to review your order with you to make sure that you’re in compliance, and that if you are going to meet with the petitioner, you do so initially in a public place so you cannot be accused of violating the order.
Do you have questions on what you should know about an order of protection? If so, contact our Saratoga Domestic Violence Attorneys. Our attorneys will fight for you and your family.
Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York. The practice encompasses all areas of family and matrimonial law, and an online uncontested divorce service.
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