Are You Getting Enough Out of Your Order of Protection?

Unfortunately, many people, mostly women, are the victims of domestic violence. Some of those people do not even realize that their spouse or significant other’s actions are abusive. In all situations, if you are a victim of domestic violence, you should contact the police department immediately.


A common tactic employed by a domestic abuser is to isolate their victim and make them feel like they are helpless. They may attempt to cut off any support the victim may have by alienating them from friends and family or threatening their children or beloved pets or even taking their license and passport away. The abuser may prevent the person from working or limit access to their money so it’s difficult for the victim to pay for help or to escape.  


There is a substantial amount of relief that the Court is allowed to grant in order to help a victim of Domestic Violence and/or Abuse. The Court can direct the following:


1.      Direct the abuser to stay away from the home, school, business or place of employment of any other party, the other spouse, the other parent, or the child, and to stay away from any other specific location designated by the court;


2.      Issue a temporary order of custody and permit a parent, or a person entitled to visitation by a court order or a separation agreement, to visit the child at stated periods;


3.      Order the abuser to pay temporary spousal support;


4.      Order the abuser to pay temporary child support;


5.      To refrain from committing a family offense, as defined in FCA §812(1) or any criminal offense against the child or against the other parent or against any person to whom custody of the child is awarded, or from harassing, intimidating or threatening such persons;


6.      To permit a designated party to enter the residence during a specified period of time in order to remove personal belongings not in issue in this proceeding or in any other proceeding or action under this act or the domestic relations law;


7.      To refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare of a child;


8.      To pay the reasonable counsel fees and disbursements involved in obtaining or enforcing the order of the person who is protected by such order if such order is issued or enforced;


9.      To require the abuser to participate in a batterer's education program designed to help end violent behavior, including drug and alcohol counselling; 


10.  To provide, either directly or by means of medical and health insurance, for expenses incurred for medical care and treatment arising from the incident or incidents forming the basis for the issuance of the order;


11.  To refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a minor child residing in the household.


12.  To promptly return specified identification documents to the protected party, in whose favor the order of protection or temporary order of protection is issued;


A well-crafted order of protection can be the difference between the life or death of a victim. These protections allow the victim to potentially escape the dangerous situation by giving the victim access to their money, clothes, licenses, and their children and also provides some legal protection if the abuser attempts to seek out the victim.


If you are a victim of domestic abuse or if you’re considering a divorce, or already in the middle of one, you should seek out an experienced matrimonial attorney to guide you through the process and protect the best interests of yourself and your children. The matrimonial and family law attorneys at the Marnell Law Group have the knowledge and experience in domestic violence matters and will fight hard on your behalf. Give us a call at (516)-542-9000 or send us a message on our contact page, and we’ll work with you to get you everything you deserve.

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