How can I get a restraining order?

When a person in New York State feels threatened by a current or former spouse or partner, it is important that they get protection. Victims of domestic violence should know their options and that there are ways to find protection from an abuser. New York State takes the “better safe than sorry” route and will issue at least a temporary order of protection if the court deems it necessary.

If you are the victim of mental, physical, or emotional abuse, you should obtain an order of protection. An order of protection can make sure your abuser moves out of your home, stays away from your house and place of employment, has no contact with your children, makes child support payments, and cannot own a gun. You can go through Family Court to obtain an order of protection if the person is a current or former spouse, the other parent of your child, a family member by blood or marriage, or someone else that you have had a relationship with. You may also be able to obtain an order of protection through the Supreme Court if you are obtaining a divorce from the abuser. Criminal orders of protection are issued when the abuser has been arrested on some form of abuse charges.

If you require assistance in obtaining an order of protection, it is important that you request one from the court as soon as possible. If there is an emergency situation, you should call 911. For non-urgent situations, there are a number of hotlines that can assist you and point you towards resources to help you get to safety.

If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.