Experienced Staten Island Family Lawyers for Domestic Violence Orders of Protection – Erin K. Colgan, P.C.
Domestic violence or relationship abuse can often, sadly, be part of an ongoing divorce proceeding. No one should ever feel that they are being controlled, victimized, or physically abused by another person. Court orders, known as Orders of Protection, tell the abuser to stop abusing you or your children and other named persons, and if they do not, they can be charged with a crime, arrested, or even put in jail.
At Erin K. Colgan, P.C., we help victims of domestic violence obtain Orders of Protection, particularly as part of an ongoing divorce proceeding. As a former prosecutor in Richmond County, Erin has helped many to petition the court for an Order of Protection to address a variety of unfortunate domestic violence situations.
Falsely Accused of Domestic Violence? Protect Your Reputation & Rights
Conversely, it can be very damaging to an individual’s reputation to be accused of domestic violence falsely. If this occurs, our office will work with a client to achieve an outcome that will not result in a record of wrongdoing. A finding of a Family Offense can affect a parent seeking custody of a child and can even impact the overall equitable distribution of assets in New York State. If you are a member of a service, such as the NYPD, it can affect your ability to carry out your job duties in that you may need to surrender your weapons.
It is important to dial down any conflict before a matter goes before a judge with a request for a protective order. A very real outcome could also be the exclusion from your home. We will work with clients to try to avoid the most severe consequences of domestic violence allegations so that the client can move forward to a fair resolution. This may involve working aggressively towards a dismissal or agreeing to mutually acceptable terms to limit court intervention and ensure safety and peace between the parties.
At Erin K. Colgan, P.C., we take domestic violence very seriously, as it should be, and we work hard to help clients navigate through it so that they can transition safely into their post-separation lives.
FAQ About Orders of Protection Staten Island
By petitioning the Family Court, criminal court, or Supreme Court (e.g., In connection with your divorce proceeding) for one. For an order of protection to be issued by a family court, your relationship of protection must be with that of a current or former spouse, someone with whom you share a child, a family relation by blood or marriage, or someone with whom you have been “intimate,” with or without a sexual relationship.
All Family Court Orders of Protection in New York State are confidential, but in most cases, they are not entirely confidential. While the hearings are usually closed to the public, the order becomes part of the court record. This means that the respondent (the person the order is against) and their lawyer have access to a copy. In some limited situations, the court may redact certain identifying information, like your address, to protect your privacy.
Here’s a breakdown of confidentiality for Family Court Orders of Protection in New York:
- Hearings: Generally closed to the public, protecting the privacy of those involved.
- Order Details: Accessible to the respondent and their lawyer.
- Certain Information: Potentially redacted by the court upon request, such as your address, to enhance your safety.
However, there are exceptions to this general rule. In some cases, law enforcement or government agencies may be granted access to the order. Additionally, the order itself may need to be disclosed in certain legal proceedings.
It’s important to consult with an experienced family law attorney for specific advice on how confidentiality applies to your situation. An attorney can advise you on your rights and help you navigate the legal process.
Erin K. Colgan, P.C. understands the sensitive nature of family court matters, especially those involving Orders of Protection. We can help you understand your rights and options and advocate for your safety and wellbeing throughout the legal process.
Contact Erin K. Colgan, P.C., a Staten Island Family Lawyer, today to schedule a consultation.
The Integrated Domestic Violence Courts (IDV) were developed to serve New York’s families in crisis by providing a “one family, one judge” approach that allows a single judge to hear cases arising from domestic violence. The IDV allows criminal matrimonial and family court cases involving a single family to be eligible to have related cases heard in a single court by a single judge! Therefore, via IDV, domestic violence victims do not appear in front of multiple courts and judges with different views of the same situation that might negatively affect victims, their children, and their families. To learn more, visit the IDV website.
Yes. To find specific resources in your location, visit The New York State Coalition Against Domestic Violence website and its Resources directory page. If you have a question about petitioning the court for an order of protection, call us at 718-981-5505. Erin K. Colgan, P.C., is Staten Island’s leading divorce attorney and certified mediator.
In New York, you can file for a Family Court Order of Protection if the respondent (the person against whom the order is sought) is someone you have a specific relationship with and they have committed a qualifying act of abuse against you. Here’s a breakdown of eligible relationships:
- Current or former spouse or intimate partner: This includes couples who have lived together, even unmarried.
- Parent of your child: Biological or adoptive parent.
- Family member by blood or marriage: This includes parents, grandparents, siblings, children, aunts, uncles, and cousins.
- Someone you are related to by a parent-child relationship: This could be a stepparent or someone who acted as a parent figure in your upbringing.
If you are experiencing abuse and considering an Order of Protection in New York, Erin K. Colgan, P.C. can provide experienced legal guidance. As the trusted Staten Island family lawyer, we understand the complexities of family law and can help you navigate the legal process to protect your safety and wellbeing.
The specific types of Orders of Protection may vary by state, but they can generally be categorized as:
- Emergency Order: A temporary order issued by a law enforcement officer based on immediate danger.
- Temporary Order: A temporary order issued by a judge after a hearing.
- Final Order: A permanent order issued by a judge after a court hearing.
If you need help navigating the process of obtaining an Order of Protection in New York, Erin K. Colgan, P.C., can assist you. Our Staten Island family lawyers can explain the different order types, advocate for your rights, and help you achieve the protection you deserve. Contact our office today to schedule a consultation.
The duration of an Order of Protection in New York depends on the type of order issued:
- Temporary Order of Protection: This lasts for a minimum period until your next court date. At that date, the judge may decide to extend it or replace it with a final order.
- Final Order of Protection from Family Court: These typically last for up to two years. The two years do not include any time you had a temporary order in place. In some circumstances with aggravating factors, a Family Court order may last for up to five years.
- Final Order of Protection from Criminal Court: Depending on the crime committed, these can last up to eight years.
- Final Order of Protection from Supreme Court (Divorce Decree): These are considered permanent.
For specific legal guidance on Orders of Protection and your situation, consult with an experienced Staten Island family law attorney. Erin K. Colgan, P.C. can advise you on your rights throughout the legal process.
A Family Court Order of Protection is a serious legal order, and violating it has consequences. If the respondent violates the order, here’s what you should do:
- Contact the police immediately. Report the violation to the authorities. They can assess the situation and potentially arrest the respondent.
- Seek legal guidance from an experienced family law attorney. An attorney can advise you on your rights and next steps, such as potentially modifying the order to enhance your protection.
At Erin K. Colgan, P.C., our Staten Island family lawyers understand the seriousness of Order of Protection violations. We can help you navigate this challenging situation and ensure your safety. We will:
- Review the details of the violation
- Advise you on your legal options
- Help you take steps to enforce the order and protect yourself
Don’t hesitate to contact our family law office today to schedule a consultation.
Areas We Serve - Orders of Protection Staten Island
Richmond County Family Law Attorney - Understanding Orders of Protection in New York
In New York state, an Order of Protection is issued by the court to restrict someone from harming or threatening to harm another person and frequently stems from domestic violence situations. Such an order may be issued in New York by the Family Courts, criminal courts, and Supreme Courts as a safety measure to prevent violence. An order of protection issued by the Family Courts directs an offender to not injure, threaten or harass someone, that person’s spouse, family, or any other person listed on the order. Other orders can have a full stay-away provision that does not permit the offender to contact the victim. The court can carve out exceptions to facilitate contact with the children pursuant to subsequent orders.
Orders of protection may direct the subject of the order to stay away from someone or that person’s children, vacate a shared residence, follow a child custody order, pay child support, and not have a gun. Of course, anyone in a fearful situation or emergency requiring immediate intervention should call 911 for assistance.
Safeguard Your Wellbeing: Order of Protection Lawyers in Staten Island, NY – Call now!
If you’re facing family law issues that require immediate legal protection, don’t hesitate to reach out to Erin K. Colgan, P.C., a leading family law firm in Staten Island. Our dedicated team, including experienced Staten Island family lawyers and matrimonial attorneys, is ready to provide swift and decisive family court representation. Whether you need an order of protection or are navigating complex divorce proceedings, our Staten Island family law attorneys are equipped to handle your case with the utmost care and professionalism. Contact us today through our website or fill out our contact form to schedule a consultation. Let our skilled family lawyers help you secure the safety and legal assurance you deserve. Visit our website to learn more about our comprehensive services tailored to address every family law issue.
