Order of Protection
Orders of Protection can be obtained by filing a Family Offense Petition in Family Court against a spouse, a parent of a common child, relative, household member, or a person you have an intimate relationship with. Some common bases for an Order of Protection include: harassment, sexual abuse, stalking, and assault. When seeking an Order of Protection, it is important to consult with an attorney in the drafting of your petition as the allegations contained in the petition will remain as the basis for the action unless amended subsequent to the filing. If the petitioner does not convey the basis of the Order of Protection situation adequately; the petition may be denied. The Family Court will grant a temporary ex parte Order of Protection if the Family Offense Petition avers sufficient allegation to make out a prima face case for the basis alleged in the petition. An ex parte Order of Protection means, an Order that is granted without the person who is accused of committing such offenses being present. As such, the Court typically orders an appearance by both parties shortly after the issuance of the temporary order of protection. The Court may issue a refrain from certain behavior and/or a stay away from certain people or places, such as the Petitioner’s children and marital residence.
In order for an Order of Protection to be issued on a more permanent basis, typically for a period of up to two years, the Petitioner will have to prove the elements of the offense alleged at a fact-finding hearing, unless the Respondent consents to the issuance of the requested Order of Protection.
At Castiglia-Rubinstein & Associates we assist our clients in the prosecution and defense of Family Offense Petitions. In regard to prosecution, we consult with clients to determine whether the facts and circumstances of their situation rise to the level of a family offense; we determine the same on both testimonial and documentary evidence. To the extent that such facts and circumstances exist, we draft the underlying petition to ensure that the required details are contained therein to maximize the likelihood that an Order of Protection will be issued. As to defense, we analyze the facts and circumstances, including extraneous issues, such as the recent commencement of a divorce action, and collaborate with our client to formulate a response to the petition, which is based on testimonial and documentary evidence.
Divorce * Uncontested Divorce * Contested Divorce * Custody & Child Visitation Rights * Child Support
Equitable Distribution * Prenuptial Agreement * Postnuptial Agreement * Order of Protection
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