ORDERS OF PROTECTION IN NYC & LONG ISLAND
Family Court Act and 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.
“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.
Often times orders of protection aka Family Offense proceedings are 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. A $175 per hour rate
is available for family court proceedings for family offenses (orders of protection). In the Supreme Court the $200 per
hour rate is applicable for order of protection matters.