Orders of Protection Family Law Attorney in Brooklyn, New York

Brooklyn Lawyer Robert Gershon Helps with Claims of Domestic Violence and Orders of Protection

An order of protection may become necessary when your family law dispute is in danger of escalating into a dangerous conflict, or where you are already in a dangerous situation. If you believe you need an order of protection, contact our Brooklyn attorney Robert Gershon today.

Similarly, if you have had an order of protection brought against you, you need to defend your legal rights. In some cases, people have sought orders of protection as leverage in a divorce case or to “punish” the other person in the relationship. Whatever the cause, you need an experienced Brooklyn family law and criminal law attorney representing you.

What is an Order of Protection?

Orders of protection, also called restraining orders, are used where there is a claim of actual or threatened violence against an individual. These are often used in contentious divorces and child custody cases when there is a history or threat of physical harm to someone. As a Brooklyn family law firm, we often need to help clients secure orders of protection for our clients’ safety.

Similarly, clients involved in matrimonial disputes can have orders of protection brought against them unjustly. In that situation, it is our task to analyze the facts of the case and if the order of protection is not warranted, argue to have it removed.

Threats of Violence and Orders of Protection

The threat of violence alone can be enough to make victims seek advice from family law lawyers in Brooklyn. Robert S. Gershon, P.C., Attorney at Law help clients in Brooklyn who are afraid for their safety or that of a family member. Our family law attorney can help you seek an order of protection here in New York. We can also help you ensure the proper enforcement of an orders of protection.

According to the National Coalition Against Domestic Violence (NCADV), there are hundreds of thousands of people in New York City who are victims of domestic violence. NCADV studies show that 1 in 3 women and 1 in 4 men in the United States have experienced some form of physical violence by an intimate partner. These statistics are astonishing. However, they show that you should not be embarrassed, it is not “something you brought on yourself” and you should be comfortable in seeking help.

Orders of protection can help you ensure the safety of you and your children. If you live in Brooklyn or anywhere in New York City, attorney Robert S. Gershon can do everything possible to help secure an order of protection for you, or defend against unjust requests for orders of protection. He understands the different types of orders available and how to navigate the complex family law court system. You have to deal with the reality of your situation. Leave the legal work to the professionals.

What Does an Order of Protection Actually Do?

An order of protection (also called a restraining order or protective order) can protect you and your family members from someone who threatens harm or commits harm. In other words, if you have faced domestic abuse or have reason to fear such abuse, you can apply to the court for protection.

The order itself a legal document issued by a judge that orders the “dangerous” person to stay away from you and your children. The order may also require the harasser to stop engaging in certain behavior. If the person violates this order, he or she could face arrest, fines or jail.

An order of protection can require your spouse or family member to do a number of things, including:

Stop emailing, calling, and texting you;
Surrender all weapons such as guns;
Stay away from your workplace or home;
Stop emailing, calling, and texting the children;
Stop attempting to make contact in any manner including in person;
Stay away from the children’s school;
Attend a therapeutic program to address issues of violence, anger or addiction.

An order of protection can also give you the opportunity to safely obtain any property your abuser may be withholding from you.

Having our Brooklyn family law attorney secure a protective order for you can go a long way towards your safety and peace of mind. If an order of protection is brought wrongfully against you, you have the legal right to defend yourself and oppose this order.

How Our Brooklyn Family Law Attorney Gets You an Order of Protection

The first step in obtaining an order of protection is deciding what type of order you need. Mr. Gershon has the experience to sift through the facts of your domestic situation and make sure you get the maximum protection the law allows.

You may be able to receive an order of protection from New York Criminal Court, Supreme Court, and/or New York Family Court. Experienced family lawyers in Brooklyn can help you apply for your order of protection in the right court of law.

What are the Different Types of Orders of Protection Available in New York?

Emergency Order of Protection – An emergency order of protection is applicable when you and/or your children would be placed in immediate danger should your spouse learn of the order.

Your lawyer applies directly to the Court for this order
The offender does not get notice for the initial hearing
The abuser may be ordered to leave your home
An emergency order of protection in New York is issued on a temporary basis but can be renewed or made final
There is a full hearing conducted later on in the case to make the order of protection finalized unless the offender agrees to it

Interim Order of Protection – This order is often put in place after an emergency order of protection but before there can be a full hearing.

The abuser/spouse gets notice
The abuser/spouse appears in court to present his or her case to the judge
This order typically gets extended from one court appearance to the next

Final Order of Protection – The court issues this order after a full hearing where both parties present their sides of the matter, unless the offender voluntarily agrees to it.

This order of protection typically last for one or two years, but can be for up to five years in extreme cases.
The final order of protection can be renewed when it is about to expire if good cause is shown.

Domestic Violence Orders of Protection – A domestic violence order of protection is issued in cases involving abuse or threats between individuals in a qualifying relationship, such as spouses, former partners, family members, or individuals with a child in common.

Designed to prevent further acts of violence, harassment, or threats
Can include “stay-away” provisions from your home, workplace, or school
May require the abuser to surrender firearms
Can address issues like temporary custody or financial support
Available through both Family Court and Criminal Court, depending on the circumstances

Temporary Orders of Protection – Temporary orders of protection cover both emergency and interim orders of protection. They are put in place while a case is ongoing, providing immediate legal protection until a final decision is made.

Issued at the early stages of a case, often at the first court appearance
Intended to provide safety while the matter is being resolved
May include restrictions on contact or proximity
Remains in effect until the next court date or until replaced by a final order
Can be modified by the court as the case progresses

Family Offense Petition – A family offense petition is the legal filing that begins a case in Family Court seeking an order of protection.

Filed by the victim (petitioner) against the alleged offender (respondent)
Must allege specific acts such as assault, harassment, stalking, or menacing
Initiates the court process for obtaining a protective order
Allows the court to issue temporary protections while the case is pending
Leads to a hearing where both parties can present evidence and testimony

Orders of Protection Involving Children – Orders of protection involving children are designed to safeguard minors who may be at risk of harm or exposure to domestic violence.

Can include provisions to protect children directly or indirectly
May establish temporary custody or visitation restrictions
Can require supervised visitation or prohibit contact altogether
Courts prioritize the best interests and safety of the child
Often issued alongside family offense or custody proceedings

Mr. Gershon knows how to apply for the appropriate order of protection with the appropriate court of law. It involves drafting a petition and filing it with the Court. You may need to appear in court, but your abuser may not initially.

If someone is seeking an order of protection against you, you will want to appear and be represented in court to vigorously oppose an unjust restraining order.

Eventually, the person accused of abuse will have to appear in court if he or she wants to fight the order of protection. Retraining orders often affect custody battles. Under the law, it is important that the accused person has the chance to present a defense. Whether you are the one seeking protection or have been accused, you should have a lawyer by your side during this emotional process.

Robert S. Gershon, P.C., Attorney at Law can represent you, to advocate strongly on your behalf while giving you the compassionate advice you need.

Violating an Order of Protection in New York

An order of protection is not just a warning, it is a legally enforceable court order. Violating any of its terms can lead to serious legal consequences, including arrest and additional criminal charges. Whether the violation was intentional or a misunderstanding, it is critical to take these allegations seriously.

If you have been accused of violating an order of protection, or believe you may be at risk of doing so, contact our Brooklyn attorney Robert Gershon immediately to protect your rights.

A violation occurs when a person fails to follow any condition outlined in the order of protection. Even minor or indirect contact can result in enforcement action.

Common examples of violations include:

Contacting the protected person by phone, text, email, or social media
Showing up at the protected person’s home, workplace, or school
Attempting to communicate through third parties
Failing to comply with “stay-away” provisions
Ignoring restrictions involving children or custody arrangements

Violations are typically prosecuted as criminal contempt in New York and can carry significant penalties.

Second-Degree Criminal Contempt may be charged for a basic violation
First-Degree Criminal Contempt may apply in more serious cases involving threats, injury, or repeat conduct

Contact Our Brooklyn Family Law Firm if You Need an Order of Protection or Need to Defend Yourself Against a Restraining Order

Robert S. Gershon, P.C., Attorney at Law has experience handling dangerous and stressful domestic situation. If you are seeking a restraining order in Brooklyn or anywhere in New York City, or are defending yourself against an order of protection, Mr. Gershon can help. With more than 20 years of experience in both family and criminal law, he can help you. We are here to answer your questions and help formulate a plan to move forward in the safest way possible. We want to ensure that you are physically, financially, and legally protected.

Call Robert S. Gershon, P.C., Attorney at Law, in Brooklyn, NY at (718) 625-3977 or email robgershon@gmail.com.

Orders of Protection