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Posted on Feb 14, 2021

Sharifov & Associates, PLLC

Family Court petition for an Order of Protection. If you are a victim of domestic violence, your rights in NYS are protected by law & you may apply to Court for Order of Protection. Domestic violence is a general term describing various crimes and offenses committed between the members of the same family or household, as this term is defined in the NY Family Court Act. This includes not only spouses or former spouses, parents, and children but also people who are involved in an intimate relationship, people who have a child in common, & even former boyfriends and girlfriends. Sometimes, police refuse to make an arrest during a domestic violence investigation, however, they advise a victim to go to a Family Court & ask a Judge to issue an Order of Protection. Once the petition is filed with the Court, the Petitioner will testify under oath before the Judge, regarding the allegations of the petition. If the Court is satisfied that the allegations warrant the initial issue of an Order of Protection, the Judge will issue Summons to appear in Court for the Respondent, as well as an Order of Protection & will adjourn the matter for the service of the process upon the Respondent. Such an Order of Protection may be limited, allowing communications between the parties, but prohibiting further harassment or commission of new family offenses. Or, such Order of Protection may be full stay-away, prohibiting the Respondent to communicate with the protected petitioner in any shape or form
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