Questions Regarding Order Of Protection

Many safety issues are addressed by an order of protection

. This order is given by the court to prevent an individual from threatening or harming another person. The order gives instructions to an individual to not harass, threaten or harm another person, his/her family or anyone mentioned in the order. It can also ask the individual to move out of the victims house, stay away from the victim and children, pay child support, follow custody orders and follow any other such rules. Given below are some of the commonly answered questions about order of protection:

Is it possible to file an order of protection against someone for drinking and swearing?

It may not be possible to file an order of protection against someone on moral grounds. However, if the person is a physical threat to someone, then contact with the victim may be restricted. In case of children, the individual may lose his/her visitation rights.

An individual has a false order of protection filed against him/her and it is effecting his/her employment. What can the person do in such a situation?

An individual may request the court to seal the case record if the order of protection was wrongly issued if it affects an individuals employment.

What can a person in New York do if his/her spouse violates an order of protection?

The individual may file a motion for contempt if an abusive spouse violates an order of protection. One may seek the help of a lawyer to do so. In some situations, one may require a witness to file the motion.

Will an individuals record have a temporary order of protection? Is there a way to defend it if the order was false?

The temporary order of protection may appear on an individuals record. This order can also have an effect on the individuals employment in the future. If the order is false, then the individual may hire an attorney who can present his/her case and prove that the complaint is false.

Is it possible to obtain an order of protection against a spouse who drove a child home when drunk?

It may be possible to obtain an order of protection against a spouse who got drunk and drove a child home. One may do so with the help of the family court. The order may be provided not only for the childs safety but also for the spouse. If the individual is living in the same house with the spouse and the child, then he/she may be asked to leave the house.

What happens if an individual who asked for an order of protection violates it?

An individual will be held liable for contempt by court if he/she violates an order of protection after seeking it against an individual. The court may not take any action in the future if this person goes back to court seeking help.

One needs to know the terms and conditions before filing for an order of protection. One also needs to know about the legal implications of this order. One may ask a family lawyer if one is in a similar situation and needs any kind of information.

by: MeghanJones

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