Filing an order of protection should never be a situation of perseverance. It is shocking how these documents within the court are unfairly halted. There is a due process, but the Order Of Protection Lawyers in Smithtown NY have a system in place that gives victims the ability to recover and distance themselves from a harrowing threat. There are three questions some may ask about how the Order Of Protection Lawyers in Smithtown NY move in this situation.
Who can file an order of protection directly?
The person does not have to be married to file an order of protection. It is a type of restraining order that specifically caters to married individuals, or people involved with domestic abuse. It can be filed against any person residing in the same home. The exception would be if one has a child with the person.
Can a family member file on their behalf?
Many people who have seen domestic abuse will attest to one unsettling truth- the victim may be afraid to speak out. They may even argue against taking any such action. A family member can file a petition to enact an order of protection. The family member should have clear evidence that supports that the victim was injured by a domestic partner. Furthermore, children are not involved. This is a petition for protection of a spouse though the court will consider the children in a case by case basis. If a spouse has committed violence against the child, that may go through a different channel. Action will be taken through the law, and the police should be contacted immediately.
How about following with custody?
Custody over a child is an entirely separate matter. Often times, the order of protection will open the door for a potential custody case. It is a separate action though the Order Of Protection Lawyer may also be able to follow-through with the proper steps for custody.
The attorneys work through the relevant channels to make sure their clients are accounted for and remember, and they do not fall between the cracks.Time is extremely relevant in getting a case filed and documented with Mitchell M. Shapiro the DUI Attorney. It may involve a dangerous person with dangerous goals.