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About Orders of Protection in a Long Island Divorce

How to Safely Achieve Divorce in an Abusive Marriage

Orders of protection are legal options that include restraining orders. An order of protection may be necessary if your spouse or ex-spouse is inflicting abuse such as:

  • Threats
  • Emotional abuse
  • Physical violence
  • Harassment
  • Stalking

This also applies if you are facing domestic abuse from a relative, the parent of your child, or someone with whom you have had an intimate relationship.

There are a number of ways an order of protection can help you: An order of protection can instruct the abuser to keep away from your, your family, your residence, your job, and so on. They can be instructed to stop sending you messages of any kind, to hand in any firearms they may own, and to pay for fees, damages, and counseling they need to complete.

You can file a petition for a temporary restraining order (TRO) at your county court. In this petition, you would have to give the reasons why you need this protection. It is important to realize that before this legal protection can take place, you need to:

  • File for this order of protection,
  • Have the court accept the petition and issue the order,
  • And have someone (often an officer) serve the order to the abuser

This means that if you need to leave right away, make your first stop the court if possible. If you have any children, you need to ask for custody, otherwise you could be charged with kidnapping. This order of custody can be included with a restraining order. You need to take quick action to help you assert you and your family's rights. This means more than taking legal action; be sure to have a safety plan in place as well.

Learn more about your legal rights and how you can safely break off from a relationship where there is domestic violence when you call our legal team. At the Meyers Law Group, P.C., our Long Island family lawyer can provide excellent legal advice and advocacy. Find out more about how we may be able to help you when you call today.