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Restraining Order vs. Protective Order

Restraining Order vs. Protective Order

Posted By Meyers Law Group P.C. || 15-Jan-2013

If you have been abused or threatened, you may be considering legal action against your offender. When pursuing charges, you could either get an order of protection or a restraining order, but how do you know which should you choose? Though both are designed to protect victims of abuse, the qualifications and conditions can be different for each. In order to qualify for an order of protection, the abuser must be family or household member and the case must be domestic abuse. In the case of a restraining order, on the other hand, no relationship is required, but it must be a situation in which the victim is either harassed repeatedly or a single incident of physical or sexual abuse.

Both a restraining order and an order of protection have the ability to restrict contact and forbid harassment. If you are seeking to also win child support, child custody, spousal maintenance, or property from a member of your household, however; then only an order of protection has the ability to do so.

In the state of New York, if an abuser violates the order of protection, then he or she will have to go to a criminal court. There the judge may order a number of consequences such as jail time, a fine, a more strict protective order, or removal of guns from his or her possession.

If you or a loved one has been the victim of domestic violence or harassment, then you need to get in touch with a Long Island family law and divorce lawyer from The Meyers Law Group, PC. They can help guide you through the complex process of filing for a protective order by helping you choose the best option as well as petitioning the court to approve your request.

If you have already filed for an order of protection and your abuser has violated that order, then contact us as soon as possible so that we can get you the protection you deserve.