How can I obtain a restraining order in New York State?
New York State takes matters related to domestic violence very seriously. The courts and law enforcement typically take a “better safe than sorry” approach to these matters because they can become very dangerous, life-threatening situations. New York State’s Family Protection and Domestic Violence Intervention Act of 1994 provides victims of domestic violence with the protection they need from their abusers. There are many forms of domestic violence that may include:
- physical abuse
- emotional abuse
- sexual abuse
- psychological abuse
- controlling behavior
Individuals who are the victims of domestic abuse in New York State should consider obtaining an Order of Protection, also known as a restraining order. There are a number of different provisions that the accused abuser must abide by once an order of protection has been brought against them. These include:
- Surrendering any firearms
- Leave the home that the abuser and victim share
- Have no communication or other contacts with the victim and their children, if applicable
New York State is also trying to strengthen its laws regarding individuals who have been accused of domestic violence owning firearms. Previously, those convicted of domestic violence felonies were required to surrender any handguns. New legislation has been introduced in an effort to remove all firearms, including rifles and shotguns from those convicted of any domestic violence crimes. If you need assistance obtaining an order of protection, contact our firm today.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.