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Long Island Family & Divorce Lawyer > Blog > Order Of Protection > Who Can Obtain An Order Of Protection In Commack?

Who Can Obtain An Order Of Protection In Commack?

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Unfortunately, there are times when one person needs legal protection from another. In these instances, the person seeking that protection can obtain an order from the court system. To obtain an order of protection, you must first understand the family or criminal offenses that violate Section 812 of the Family Court Act. When trying to get an order of protection from the family court, you must also show that you have a certain type of relationship with the individual you are trying to obtain an order of protection against. Below, our Commack order of protection lawyer advises on who can obtain this type of court order.

Who Can Seek an Order of Protection in Suffolk or Nassau Family Court?

There are two types of orders of protection a person can seek in the New York Family Court. The first is a protection from domestic violence in Family Court, while the other is a criminal order of protection. Family law concerns itself mainly with orders obtained in the Family Court and to pursue one, you must show that you have a certain type of relationship with the offender. You can obtain an order of protection in Family Court if you can show you are related to the person it is against in one of the following ways:

  • The person is related to you by marriage
  • The person is related to you by blood
  • You have a child with the individual
  • You have had an intimate relationship with the person, either currently or in the past

While the above list may seem straightforward, it can become complicated. For example, to prove that you had an intimate relationship, you must prove that the relationship was more than casual. So, if you went on one or two dates with someone and they later were physically or emotionally abusive, it would be difficult to obtain an order of protection against them in family court. Still, in these cases, you do not have to prove that the relationship involved sexual contact.

What if You Cannot Obtain an Order of Protection in Family Court?

If you cannot prove that you have one of the above relationships with the person who is abusive toward you, it may still be possible to obtain an order of protection. You just will not be able to do it in Family Court. If you need to obtain an order of protection outside of the Family Court, then you should report the incident to the police. Then, through the state’s prosecution, you can obtain an order of protection.

Call Our Order of Protection Lawyer in Commack Today

If you are in fear for the safety of yourself or your children, there are legal options that can protect you. At the Law Office of Joshua Adam Kittenplan, P.C., our Commack order of protection lawyer can help you navigate the process and give you the best chance of obtaining the order you need. Call us now at 631-499-0606 or contact us online to schedule a free consultation.

Sources:

nysenate.gov/legislation/laws/FCT/812

nyc.gov/site/nypd/services/victim-services/resources-services-orders-protection.page

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