Orders of Protection
Darren M. Shapiro, Esq. has handled numerous Order of Protection cases around Long Island in Nassau, Suffolk, Queens and the surrounding New York City areas. He knows the law and how the local Family Courts handle Order of Protection cases. As an attorney, Darren has pursued and defended against Family Offense petitions.
Darren fights hard to protect his client’s rights in any Family Offense case. He is sensitive to the needs of the people he represents and knows the law to best advocate for them. Although he is often successful in negotiating favorable results for his clients without the need for a trial, he is not afraid of trying the case. If the other side is not being reasonable then an aggressive stance can be assumed. Darren will take the appropriate steps to effectively represent you.
Orders of Protection are taken very seriously at this office as they can have serious implications to the affected parties. Someone might be ordered to stay away from their children, homes, or other family members. Custody and parenting time cases have frequent overlap to Family Offense matters. An Order of Protection might supersede an Order of Custody or an Order of Parenting time. The Order of Protection might be subject to existing or subsequent Orders of Custody and Parenting time. It is important to have someone on your side that has experience with both Family Offense and Custody matters like Mr. Shapiro. If a divorce is pending, the Family Offense case can sometimes be consolidated with the Divorce proceeding. As a matrimonial and family law attorney, Darren is suited to represent you in the Family Court or Supreme Court.
Family Offense cases are an alternative to a criminal prosecution for people to get Orders of Protection against people that are considered family under the law. Family, under the Family Court Act, can include actual blood relations, spouses or former spouses, people with children in common, and people that have been in intimate relationships.
Family Offense proceedings are based on conduct that is prohibited under the New York Penal Law (violations, misdemeanors and felonies). A Family Offense proceeding, however, is not a criminal prosecution although it is about the same acts which could be prosecuted in a criminal case. Alleged victims of family offenses can pursue both a criminal prosecution and a Family Offense proceeding in Family Court at the same time. Since Family Offenses are based on conduct that is criminal in nature, Darren’s background in criminal defense proves to be a useful source of knowledge to draw upon.
The Family Court Act is the statute that outlines how someone may pursue a Family Offense (Orders of Protection) proceedings - The burden of proof for someone to successfully convince a court to issue a “permanent” order of protection is a preponderance of evidence. Preponderance of evidence means that the proponent has shown that the allegations are more probable than not. This is a far lower burden than proof beyond a reasonable doubt which is the burden of proof in criminal cases. What this means is that it is easier for someone to prove a Family Offense case in Family Court than for a prosecutor to prove their case in a criminal proceeding.
“Permanent” orders of protection can vary in length but usually are for one to two years. If there are aggravating circumstances, the order can be for a longer length of time. Temporary orders of protection are issued on an “ex-parte” or one sided basis. Both sides of a case are entitled to be heard in court before a permanent order of protection may issue.
Orders of protection aka Family Offense proceedings are often resolved by an agreement, without an admission to any wrongdoing, to either stay away from the protected party or to refrain from certain acts against the protected party for a specified period of time such as six months or two years.
If you or your loved ones have legal issues involving juvenile delinquency, paternity, abuse, neglect, termination of parental rights, child protective proceedings, orders of protection, family offense matters or adoptions, it is advisable to consult with an attorney to help ensure that your rights are protected.
This law office fights hard to protect the rights of its clients. Call for a free initial consultation.
- Bringing an Order of Protection Case or Family Offense Petition Court on a Child's Behalf
- Understanding Child Testimony in Family Offense / Order of Protection Cases
- Family and Criminal Court Orders of Protection
- New York Divorce: Does Surveillance Using a Private Investigator Violate an Order of Protection?
- Orders of Protection v. Restraining Orders
- Orders of Protection in Custody Cases
- Specific Family Offenses