A restraining order, also known as an order of protection, is a court order designed to protect an individual who has been threatened, harmed, or who has suffered domestic violence. An order of protection can protect not only you, but also your children. Domestic violence should be taken seriously in every case. If you are planning on leaving an abusive spouse, or are planning to divorce an abusive spouse, you may want to take proactive steps to protect yourself and your children. According to the Guardian, experts on domestic violence warn that victims are most at risk of being killed when they leave a relationship. One way that individuals can protect themselves while leaving an abusive or threatening relationship is to seek out a restraining order or an order of protection. If you are fearful for your safety, or are leaving an abusive relationship, it is important to seek help. The Brooklyn, New York restraining order attorneys at the Elliot Green Law Offices work closely with victims and individuals seeking divorce to help them get the full legal protection they need and deserve.
How Can I Get a Restraining Order in Brooklyn, New York?
According to the New York State Unified Court System, in order to get a restraining order, or an order of protection, your situation must meet several criteria. The individual against which you wish to get a restraining order must be a current or former partner or spouse, a person with whom you have a child, a family member, or a person with whom you have had an intimate relationship. Individuals will need to file a Family Offense Petition with the court. In some cases, restraining orders are issued as part of a criminal case or as part of a divorce case. Otherwise, you may need to clearly identify to the courts in what ways you have been threatened. What is considered an offense? A person who has threatened you or your children, or who has committed acts of violence against you or your children could face a restraining order. The Family Offense Petition includes accusations of disorderly conduct, harassment, assault, criminal acts, sexual abuse, strangulation, menacing acts, stalking, endangerment, sexual misconduct, attempted assault, forcible touching, identity theft, and coercion. If you or your children have been hurt or threatened, seeking protection from the court is an important step to secure your safety. Once a restraining order has been issued, the individual will be required to stay away from you and your children and may be required to move out of your home. The person will be required to continue to pay child support and custody orders. Finally, the courts may not permit the person to have a gun.
If your ex or family member violates the restraining order, he or she could face arrest. An order of protection also identifies the individual with the court system as a person who has committed violent or harassing acts. If you fear for your safety or for the safety of your children, act to protect yourself. There are several New York organizations that support individuals who are fleeing abusive situations. If you plan to divorce an abusive spouse or need an order of protection, consider speaking to the restraining order lawyers in Brooklyn at the Elliot Green Law Offices.
Leaving an Abusive Relationship in Brooklyn, New York
Abuse can take on many forms. Verbal violence and name calling can escalate to physical violence. Sexual abuse or sex without consent is a form of relationship abuse. You have the right to say no to your partner. If you are considering leaving an abusive relationship, it is important to understand that you are not alone. There are a range of community resources available to assist you in making the transition. Leaving any relationship can be frightening. You may doubt yourself. However, if you have been verbally abused, it is important to remember that verbal abuse can escalate to physical violence. If you have suffered physical or sexual assault, it is important to get your supports in place and have a plan before you leave. Women are most at risk when they leave an abusive relationship. The National Domestic Violence Hotline has counselors on hand to help you put a safety plan in place. Speak to trusted friends and family. Reach out to safe community supports. It is important to have a plan in place because leaving your spouse might place you in the midst of a crisis situation where you may need to think quickly and act swiftly. Knowing where you’ll go, what you’ll do, and who you’ll call can not only alleviate anxiety, but it can also save your life.
If you are in an abusive relationship, you may also wonder how you can get a restraining order. If you are married and are considering divorce, you may be able to get a restraining order as part of your divorce proceedings. The Elliot Green Law Offices are restraining order lawyers in Brooklyn, New York who can help you protect yourself and your children during this challenging time.
Signs of an Abusive Relationship
It can be tough to identify abuse. Sometimes, abuse starts small and escalates. Individuals may slowly accept more and more extreme behavior without realizing that their partner is becoming abusive. What are some red flags that indicate that you may be in an abusive relationship? Here are some:
- Bad temper
- Verbally abuses you
- Controlling behavior
- Forces you to have sex
- Denies you access to birth control or lies about use
- Controls your finances
- Puts you down publically or privately
- Embarrasses you in front of family or friends
- Performs any act of physical violence
If you see any of these red flags, you may want to seek help. One way individuals can protect themselves is through seeking a restraining order against their partner. A restraining order is a legal document that requires your ex or abusive family member to stay away from you or your children. An individual with a restraining order may not be permitted to own or possess a gun. If you are concerned for your safety, get help right away. Contact the restraining order lawyer in Brooklyn, New York at the Elliot Green Law Offices. You are not alone. We can help.