Ryan Besinque (https://www.besinquelaw.com/how-to-win-an-order-of-protection-in-new-york/), a well-regarded New York family law attorney from The Law Office of Ryan Besinque, has released an informative article titled "How to Win an Order of Protection in New York." The article aims to provide detailed guidance on the steps and requirements necessary for obtaining an order of protection, crucial for those facing domestic violence, harassment, or other forms of abuse.
Navigating legal concerns, particularly those involving personal safety, can be challenging. New York family law attorney Ryan Besinque emphasizes the importance of understanding the legal measures available for safeguarding oneself. "An order of protection is a vital tool for individuals seeking safety and peace of mind from potential harm," says Besinque. His article outlines the process of securing this legal remedy, offering a clear roadmap for those in need.
An order of protection, also known as a restraining order, is designed to shield individuals from various threats, including physical violence, stalking, and harassment. According to New York family law attorney Ryan Besinque, these orders can include specific conditions tailored to the victim's needs, such as prohibiting the offender from contacting the victim or approaching their home or workplace. "Violating an order of protection is a serious offense and can lead to significant consequences, including fines and imprisonment," Besinque notes.
The article breaks down the different types of orders of protection available in New York. There are Family Court orders, Criminal Court orders, and Supreme Court orders, each with distinct processes and requirements. New York family law attorney Ryan Besinque explains, "In Family Court, obtaining a temporary or emergency order is generally more straightforward, focusing on the domestic relationship between the petitioner and the respondent. The burden of proof is lower, requiring a preponderance of the evidence."
For those involved in criminal cases, the process differs. Criminal Court orders of protection involve charges filed by law enforcement or the District Attorney. Besinque highlights the higher burden of proof required in criminal court, which must be beyond a reasonable doubt. "Once a criminal case is initiated, the victim's direct involvement may be limited, and the District Attorney handles the prosecution," he adds.
The Supreme Court can issue orders of protection as part of ongoing divorce proceedings. Requests can be made in writing or orally during court appearances, with the final decision resting with the judge. Besinque advises, "If you're involved in a divorce and need protection, it’s crucial to understand the options available through the Supreme Court."
Eligibility for obtaining an order of protection in New York requires a specific relationship with the abuser, such as being a current or former spouse, sharing a child, or having an intimate relationship. Additionally, the victim must demonstrate that the abuser committed a family offense, which encompasses a range of abusive behaviors.
The process of applying for an order of protection involves several steps, from filing a family offense petition to attending court hearings. Besinque outlines these steps in detail, emphasizing the importance of careful documentation and adherence to court procedures. "Filing the petition accurately and providing detailed accounts of the abuse are critical steps in securing protection," he states.
Preparing for the order of protection hearing is another essential aspect covered in the article. Understanding the legal standard of proof and gathering compelling evidence are key to presenting a strong case. Besinque advises, "Documentation, witness testimonies, and professional opinions can significantly bolster your case. It's about meeting the preponderance of the evidence standard, showing that it's more likely than not that the abuse occurred."
Obtaining an order of protection can be a complex and emotionally taxing process. Enlisting the assistance of a New York family law attorney can greatly enhance the chances of a successful outcome. The Law Office of Ryan Besinque can offer comprehensive support, helping clients gather necessary evidence, represent them in court, and advocate for their interests effectively.
For those seeking to protect themselves or their loved ones from abuse, understanding the process and requirements for obtaining an order of protection is crucial. Ryan Besinque's article serves as a valuable resource, providing clarity and guidance on this important legal remedy.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a distinguished law firm in New York City, dedicated to assisting clients with family law matters, including divorce mediation and orders of protection. The firm prioritizes client education and support, empowering individuals to make informed decisions. With a focus on personalized legal services, The Law Office of Ryan Besinque strives to achieve fair and amicable resolutions for all clients.
Embeds:
Youtube Video: https://www.youtube.com/watch?v=ECfSAdadC8A
GMB: https://www.google.com/maps?cid=3422990479581259264
Email and website
Email: ryan@besinquelaw.com
Website: https://www.besinquelaw.com/
Media Contact
Company Name: The Law Office of Ryan Besinque
Contact Person: Ryan Besinque
Email: Send Email
Phone: (929) 251-4477
Address:115 W 25th St 4th floor
City: New York
State: New York 10001
Country: United States
Website: https://www.besinquelaw.com/
