Orders of Protection v. Restraining Orders

Mr. Darren M. Shapiro Esq. has spent a number of years practicing divorce and family law. He is an experienced litigator in the State of New York. During this time, he has helped people within a wide range of different circumstances, from assisting with the matters involved in a divorce, to managing child custody cases, and even allowing for an improved sense of comfort through petitions for restraining orders. In New York, restraining orders that are intended to protect an individual from harm (whether physical or emotional), are known as “Orders of Protection”. When it comes to applying for an order of protection with a lawyer like Mr. Darren Shapiro, he often sees that clients find it helpful to understand the considerations involved. One particularly important factor to remember is that in each state, the proper legal names associated with restraining orders and orders of protection can differ – meaning that depending on where you live, your circumstances might require a very specific approach.

In the state of New York, orders of protection are often granted by the court as a method of offering protection to the victims of an alleged crime, or as part of a criminal case that has been brought against an accused perpetrator. However, in the event that a criminal prosecution is not ongoing, if the people involved are family: share a child in common, share blood relations, or are in an intimate relationship – orders of protection may still be possible. In other words, Mr. Darren Shapiro may still be able to help clients who are not in the process of a criminal prosecution case to obtain or defend against an order of protection requiring a person to refrain from communication, stay away from the victim, or avoid certain behaviors concerning the protected party among other prohibitions.

In some circumstances, the people involved simply want to access orders of protection, but don’t wish to get involved with the alleged abuser in the form of a criminal case. Obviously, while this approach to law can be complicated, it is possible, and Mr. Shapiro himself has represented many alleged victims, or people who have been accused in connection with matters regarding orders of protection. It is possible to learn more about orders of protection and family offenses in relation to divorce cases and family law on this website, and our blog.

An order of protection is a type of restraining orders. As Mr. Shapiro often tells his clients, restraining orders can also be classed as an injunction, which is a type of court-related order directing or preventing a particular party from engaging in a certain behavior. While injunctions can be used to prevent a party from doing something outlined in an order of protection, they can also be used to prevent someone from transferring money between accounts, building on a patch of land, or conducting a business among other things.

One fact that Mr. Shapiro reminds his clients of, is that the automatic orders delivered during a divorce case are restraining orders. These automatic orders, contained within Section 236 of the Domestic Relations Law must be followed during a New York divorce unless they are terminated by a court order, or written agreement. Typically, these orders forbid an individual from transferring money, taking money out of retirement accounts, and incurring debts, among a number of other things. Again, individuals with questions regarding automatic orders can learn more about the topic by contacting Mr. Darren M. Shapiro’s office, or checking future blog articles.

Most commonly, orders of protection that are issued through family court will emerge as a result of a petition called a Family Offense petition. However, an order of protection could also emerge, less commonly, under a custody petition to protect the children involved. Importantly, custody cases take place through a separate petition from the one used for a family offense proceeding. What’s more, an order of protection can also be issued against a party during the process of a case for abuse or neglect in family court. Divorces take place within the New York Supreme Court, which also has the power to issue orders of protection as part of a matrimonial proceeding. Both “family” victims and “non-family” victims can be entitled to orders of protection or restraining orders against a defendant during a criminal prosecution, depending on the circumstances in place.

As Mr. Shapiro has found during his time as a family lawyer, the decision to take part in requesting an order of protection in New York against a family or household member can be a difficult one to come to terms with. As a type of injunction, the order carries significant weight when placed against a person, and individuals should only seek out this course of action if they believe it will help them or their loved ones to avoid abusive behavior from the accused. Likewise, if someone is accused of a family offense, if the claims are not as the other states or they simply do not add up to a family offense, then an order or protection might not be appropriate. As each case about an order of protection, or concerning the complexities of restraining orders is different and unique, individuals must work with a local and qualified law attorney to ensure that they are following the appropriate rules and regulations for their chosen state. Mr. Shapiro can offer his clients extensive experience and guidance when it comes to understanding court orders of protection, and the various issues surrounding restraining orders on a whole.

If you’re interested in learning more about matters associated with family law, restraining orders, orders of protection, divorce, or child custody, please reach out to us or browse through the pages of this website for further details. Individuals who are interested in approaching Mr. Shapiro for their legal needs should consider scheduling their free initial consultation at their earliest convenience. Please feel free to contact us about your requirements, we look forward to hearing from you to see if we can help you with your case.