Not all relationships end on a positive note. For instance, if a relationship is volatile and one party is being abused, if they are able to, they leave the relationship. But, this doesn’t necessarily mean that the abuse is going to stop. Often, those who have left an abusive relationship end up having to file restraining orders against their former partners. These orders force the abuser to stay a certain distance away from the other party, and help to keep the abuse from continuing. Restraining orders are enforceable in court, and the specifics of each order apply to the specific situations.
Not only does a restraining order ensure that abusers stay away from their victims physically, it also keeps them from making any type of contact. An order of protection lawyer in Smithtown, NY can explain all of the details to victims and help them to understand their rights as victims of abuse. The abuser will not be allowed to call, send text messages, email, fax, mail, or make any other type of contact. They may also not try to make contact via third parties. The abuser must leave the home, and the victim may have temporary custody of children, child support, spousal support, insurance coverage continuation, and even complete use of the family vehicle. If this order is violated in any way, he or she can be arrested and will be taken to jail.
If there are children involved, an order of protection attorney will help the applicant to gain custody. They will also help to set up visitation restrictions or even no contact orders. Again, if these terms are violated, the abuser will be arrested.
An order of protection lawyer in Smithtown, NY can help victims apply for a restraining order. To do this, the police, or the state’s or district attorney need to be informed of the victim’s desire to have this order placed on their former partner. Once the paperwork has been filed, there will be a hearing date set, and the applicant will need to appear in either family or criminal court.