Obtaining an Order of Protection
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. Here are some important things to know about obtaining an order of protection.
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.
Obtaining an 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 an 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.
Obtaining an 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.
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Have you or a loved one been a victim of domestic violence? Contact experienced Rochester domestic violence lawyer Michael Schmitt today to schedule a free consultation.