New York residents may find it necessary to seek a legal remedy when domestic disputes escalate to dangerous levels. In these cases, a restraining order may be the optimal way to protect a family from the threat of physical or emotional harm. A family law attorney can evaluate the situation and determine if a restraining order is the best way to get both the protection and support needed during a difficult time.
A restraining order is commonly considered a legal way to prevent a specific person from coming within a certain distance and prohibiting physical contact. It may not be as commonly known that this type of legal order can also direct an abuser to have no further contact with an individual and/or his or her children, including through a third party. If there is a reasonable threat, a restraining order can also direct an abuser to surrender his or her guns and gun licenses.
In addition to ordering a person to remove his or her personal belongings from a home or property, a legal order can also make a person provide child support on a temporary basis. This would be in order to meet the immediate needs of a child, including providing insurance through an employer, if possible. New York parents facing difficult situations should remember that restraining orders are not “one size fits all,” and they can be tailored to meet specific needs.
The details and requirements of a restraining order will be based on the details of each individual situation. Those in need can request that a judge grant a certain provision, such as prohibiting a specific type of contact, if needed. Securing a restraining order that is sufficient requires navigating the family court process, but it may be worthwhile to fully explore the benefits of this option.
Source: womenslaw.org, “Orders of Protection“, Accessed on Feb. 3, 2015
