Everyone has the right to live without fear of harm from a spouse or other individual. In Rochester, NY, family law attorney John D. Wieser Esq., PC is dedicated to protecting the rights of his clients to live in safety. Here, Attorney Wieser answers questions many people ask about protecting themselves and loved ones from harm in domestic disputes.

What Does an Order of Protection Do?

When an individual harms or threatens to harm another person, a court issues an Order of Protection to restrict the conduct of the aggressive individual. Orders of Protection are often used in domestic violence situations. Divorce and family law attorneys assist clients in filing petitions and obtaining Orders of Protection.

Are Orders of Protection Only for Domestic Violence Cases?

No. Courts use them in domestic violence cases, but they are available to protect people in other unsafe circumstances. New York Criminal Courts, Family Courts, and Supreme Courts issue Orders of Protection. The court document can order the aggressive person not to harass, threaten, or injure the person requesting the order, their family, or anyone else listed in the document.  

What Else Can the Family Court Include in the Order?

Divorce and family law attorneys request courts to include provisions, such as directing aggressive people to move out of their family homes, to comply with child custody orders, and to stay away from their spouse and children. Courts can also require child support payments and prohibit individuals from having guns.   

How Do You Get a Family Court Order of Protection?

A person seeking an Order of Protection through Family Court must be related to the aggressive individual as a family member by blood or marriage, be a current or former spouse, have a child in common, or have an intimate relationship under the court’s standards. An intimate relationship does not have to be sexual.

Don’t suffer in silence if you feel threatened by someone close to you. Let John D. Wieser Esq., PC in Rochester, NY, help you get the protection you need. Call (585) 328-0660 or contact him online to arrange a confidential family law attorney consultation. Visit his Facebook page for additional information.