Here are some important things to know about obtaining an order of protection. Contact us today to schedule a free consultation!
If you have been the victim of domestic assault or abuse, then you may be interested in obtaining an order of protection against the offender.
Order of Protection | Obtaining One
As an experienced Rochester domestic violence lawyer, I am often asked about obtaining an order of protection. If you are a victim of assault or violent threats, you can file a family offense petition. This is a non-criminal allegation, and requires the person to stay away from you, very similar to a restraining order.
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Order of Protection | Types
When it comes to domestic violence, I am often asked as a Rochester domestic violence attorney what different types of orders of protection are available. The first type of protection order is a No Contact Order. In a NCO, the person who the order is against will not be able to have any type of contact with the other person. The second type is a No Offensive Contact Order. In this order, the parties are allowed to be together but does not allow harassment or assault between them.
Order of Protection | Violations
I am frequently asked as a Rochester domestic violence attorney, what can happen if a protection order is violated. If it has been violated, it can be addressed in criminal court as a criminal matter, or in the family court with a violation petition. If addressed in a criminal court, then you will be charged with criminal content for violating an order of protection. In this case, you can face a felony arrest based on the seriousness of the crime. If the order had been filed through a family court, then there will not be any criminal penalties for violating.
Have you or someone you loved been a victim of domestic violence? Contact experienced Rochester domestic violence lawyer Michael Schmitt today to schedule a free consultation.