Poughkeepsie Attorneys Fight to Prevent Restraining Orders
New York lawyers help clients keep their freedom
The Poughkeepsie lawyers at Matula- Evans Law understand the harsh effects that an order of protection against you can have on your life. A restraining order could prevent you from seeing your family or even returning to your own home. Each state’s restraining order places different restrictions on accused abusers, and many states offer more than one type of order. The orders also have different names: “restraining order,” “order of protection,” “injunction” and “protection order.” In general, the order will force a person to stay away from someone and cease any form of contact. Our attorneys do whatever it takes to make sure you can move around freely and see your family.
Understanding orders of protection
Every state and territory has some form of restraining order intended to protect victims of abuse by keeping the accused abuser away from the abused. Each state recognizes orders issued by every other state. The purpose of these orders is to limit the behavior of the harmful or threatening person so that the victim does not need to live in fear of supposed abuse. In many cases, however, these supposed victims abuse this system to bully innocent people. Our attorneys can help you understand exactly how orders of protection work in New York. Some of types of protection offered in many states include:
- Stay-away provisions. This part of an order requires someone to stay a certain distance away from the person who asked for the order. They may also need to stay away from their home, their school and their place of business. This order can often be extended to protect children as well.
- Cease-abuse provisions. These provisions specifically require an abuser to stop abusing or threatening to abuse the protected person or persons.
- No-contact provisions. Most states allow orders preventing someone from attempting any contact with the protected person. This includes personal contact as well as contact by phone, computer, mail or even contact through a third party.
Other common provisions found in some jurisdictions require the person the order is aimed at to give up their weapons or to pay spousal or child support. Some states even issue orders allowing the person seeking the order to take sole possession of vehicles or a living space by forcing the person listed in the order to move out. Restraining orders can be issued by different courts depending on the state. In most cases, a family court handles orders involving spouses. They may also be issued in civil or criminal cases. Our attorneys seek every possible legal remedy to protect your rights and prevent the issuing of a protective order.