Orders of Protection

Long Island Divorce Attorney William C. McCulloh Will Zealously Fight For Your Rights

Our job at McCulloh, P.C. is to aggressively assert and protect your rights. If you are the subject of an Order of Protection in connection with an accusation of domestic violence, it is important to get help quickly from an experienced New York criminal defense lawyer. Mr. McCulloh has extensive experience in the field of Divorce and Family law, including Orders of Protection. He understands that complainants use the order of protection to help their Divorce case or simply to have a spouse removed from the house. Mr. McCulloh’s specialization and experience in both areas of law will give you a Distinct Advantage in your related legal matters such as an impending divorce or custody battle.

An order of protection is frequently used solely to benefit a party in an impending divorce or custody matter by attaining a stay away order of protection. This results in your removal from the household. Mr. McCulloh is well versed in this area of the law derived from his experience in both Divorce and Criminal Court. Accordingly, he will ensure that the order or protection case against you will not negatively impact your divorce or custody case. The order of protection can be attacked on the legality of it or the credibility of the complaint.

Representing Plaintiffs and Defendants in Family Law and Divorce Proceedings Regarding Orders of Protection

Orders of protection are utilized in protecting people from all types of domestic violence or abuse including:

  • Physical abuse
  • Emotional abuse
  • Sexual abuse
  • Harassment
  • Stalking
  • Reckless Endangerment
  • Assault & Battery

“Refrain From” and “Stay Away” Orders of Protection

There are two main types of orders of protection in New York state:

  • “Stay Away” Order
  • “Refrain From” Order

“Stay Away” Order: This type of order prohibits the accused from coming within a certain distance of the victim, their residence and place of work. “Stay Away” orders may also require the accused to stay away from the victim’s children and the children’s school or any other place or person the court finds necessary.

A “Refrain From” Order: This type of order of protection does not necessarily order the respondent to stay away from any particular individual but directs that respondent refrain from certain specified conduct, such as threats, assault, harassment or violence toward the victim.

Temporary Order of Protection vs. Final Order of Protection

A temporary order of protection is issued on the day you file for an order of protection until the respondent is served with the papers. This only lasts until the next time that you appear in court. The court typically extends the length of the order of protection at each court date until the case is over. At the end of the case, a Judge may order of a final order of protection. A final order lasts for two or five years. A final order of protection can also include restitution, reimbursement for medical expenses or participation in a program, such as drug or alcohol counseling.

Aggressive Legal Representation is Necessary to Protect YOUR Rights.

We will also ensure that you will not be subject to the improper use of an order of protection used to benefit the other party in a related Divorce or custody matter. As part of our comprehensive criminal practice, the Law Offices of William C. McCulloh, represent individuals subject to orders of protection in both family and criminal court. We will act swiftly to ensure that you receive your day in court and that your rights are vigorously defended.

For more information about the many ways we can help, please contact a dedicated and experiences attorney at Law Offices of William C. McCulloh today by calling (631) 422-1500 or (631) 584-6800.