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
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.