Order of Protection
Victims can ask the court for an order of protection against a person who they fear will cause them harm. These orders can be issued in criminal as well as family court, either by the request of a person or by order of the court following a conviction. It is important to know that we can help handle an order of protection, especially if the person who requested the order did so for improper reasons. Sometimes it can be a spiteful ex who wants to make life painful or use the order as a tool during current proceedings. This type of use would be most common during custody or divorce cases in which one party is trying to use the order to assist their case. This is not the purpose order of protections serve, as they are meant to protect victims. If the victim is not actually a victim, or the person named in the order is the victim themselves, we can help you with having the order rescinded by the court.
Our experienced team of New York Criminal attorneys have helped those who have been wrongly served with an order of protection mitigate with the court to show that the order of protection was improper. The order would be violated if the person named in the order does not stay away from the home, business, place of employment or school of the person or persons who asked for the order. They must also not interfere with them or members of their family or household in such a way that is intimidating, harassing or threatening. The order also extends to companion animals that are kept by the person who asked for the order, meaning pets like dogs, cats, or any other domesticated animal kept for the purpose of companionship. The person named in the order is not allowed near the animals as well and would be violating the order if they intentionally kill or injure the animal without justification.
Having an order of protection can cause problems in the daily life of the person accused. This can disrupt the ability to go or be anywhere or even be around the people they normally spend time with. If a person is then charged with violating the order against them, the court can order sanctions against them and even bring a new criminal case to decide punishment for violating the order. This is especially important if the person named in the order and the person requesting it are family and live in the same residence or building or are coworkers. An order of protection would prohibit a person from entering their residence or work or even speaking with their own family depending on the circumstances.
At Tilem & Associates, we have helped our clients handled orders of protection that were brought against them by a person whose intention was not to protect themselves but to cause disruption in the life of another. We have helped our clients fight these orders by showing the court that the order was brought wrongfully.