By watching various TV dramas, viewers may get the impression that acquiring an order of protection against a spouse or domestic partner is easy even if that person hasn’t shown any threatening or abusive behavior. In reality, an order of Protection Lawyer in Suffolk County, NY must show good cause to the court before this type of order will be granted. The order is intended to prevent physical harm, harassment or other intimidating behavior. It can’t simply be because the individual doesn’t want to deal with the spouse or partner right now.
In some states, an order of protection is officially known as a restraining order, and many people call it by this term in the state of New York. They forbid contact from a certain person or allow contact only on a restrictive basis. In many instances, a certain amount of contact is necessary or at least preferable because of convenience, such as when the two individuals share custody of children. Working with an attorney like Mitchell M. Shapiro helps clarify when these orders are reasonable and justifiable.
The court takes orders of protection very seriously, so they should never be filed frivolously. An order of protection lawyer in Suffolk County, NY will want to know specifics as to why the client seeks this limitation on contact and whether there is evidence to support the claims. Definitive evidence is not always necessary, but it helps convince the court to issue the order and not consider the claim to be a waste of resources.
The petition for the order should never be done simply because one person is angry with or feels vengeful toward another for some reason. Petitioning for this contact limitation essentially accuses the other person of being dangerous and a threat to one’s safety. If the two individuals decide to ignore the order because they have begun feeling more comfortable with one another, the person who is prohibited from being in contact with the other individual may face criminal charges. These orders are usually considered temporary, so it’s best to have it withdrawn before beginning to spend any time together again.
