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The Law Firm of Michael R. Franzese

What Should You Do If You Are Put Under A Protective Order?

  • By: On behalf of The Law Firm of Michael R. Franzese
  • Published: February 15, 2018
  • Category: Domestic Violence

You may consider your relationship with your spouse or partner to be like any other in Mineola, experiencing the customary ups and downs that all romantic partnerships do. That may be the reason why the news of your being served with a protective order comes as such a shock. Your initial reaction may be to reach to your significant other to try and work things out. However, doing so could qualify as contempt of court, which, if you are found guilty of, could leave you facing criminal penalties. So what should you do in such a situation?

First off, it is imperative that you understand the nature of the order. According to New York’s Consolidated Laws, criminal courts are empowered to issue temporary protective orders in cases where your spouse or partner is unable to promptly initiate a petition in family court. Such orders last for four days, during which time you are forbidden from contacting or approaching him or her at any of the following locations:

  • At home
  • At school
  • At work

A temporary order may also limit you to only having supervised visitation time with your kids. Again, these restrictions are only in place for four days with a temporary order, but may be extended at the courts discretion.

As you prepare for the hearing that will determine whether the protective order against you will be extended, you should carefully review your recent interactions with your significant other to better understand what may have prompted him or her to seek this action. If you already have an idea of what it might be, consider talking to any outside parties that may have observed the action(s) in question in order to offer up the opinion of an impartial observer to your allegedly abusive conduct.

On behalf of The Law Firm of Michael R. Franzese

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