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How Do I File a Restraining Order Against My Ex?

Posted on : August 21, 2020, By:  Mary Katherine Brown
New-York-Restraining-Order

New York Restraining Orders

A restraining order often called an order of protection or protective order is a type of legal remedy that prevents a violent offender in your home from contacting you and/or your children. Here’s what you should know if you need to file a restraining order against your ex. 

Consolidate the Available Evidence   

In most instances of abuse or domestic violence, there is little evidence to work with since the only two parties involved are usually the victim and the perpetrator. 

However, the evidence you are able to gather can make or break your case, so it’s important that you obtain as much as you can. Voicemails, texts, emails, videos, pictures, and other documents can be extremely helpful to illustrate your need for a restraining order. 

Make Sure Your Application Includes As Much Information As You Have 

Generally, the instances of abuse that you list on your restraining order application are the matters that can be discussed in the courtroom when the hearing to accept or decline the order takes place. Therefore, it’s important to take the time to be thorough on the application if you’re able. The more evidence that you are able to list, the more compelling your petition becomes. 

These records should be kept outside of your home in a safe place. You can keep them in a safe deposit box at your bank in your own name, or with a person you trust. 

Petition for a Permanent Restraining Order 

When you are initially granted a protective order against another person, it is usually only temporary in nature. It should have an expiry date that you are informed of and you should have a hearing set in the future to determine if the restraining order should be made permanent or if it can be discharged. 

When you petition for a permanent order of protection, you can include things like spousal support or alimony, child support, attorney fees, medical expenses related to the abuse if any, and other financial damages you incurred due to the actions of the defendant. 

How a Family Lawyer Can Help Protect You and Your Children 

Having to get a restraining order to protect your family from another family member in the home who is violent can be a frightening experience. Brooklyn family and divorce lawyer Mary Katherine Brown can help. Contact Attorney Brown for your initial consultation by calling (718) 878-6886. 

 

Posted in : Restraining Orders ,

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