HOW DO I FILE FOR AN ORDER OF PROTECTION AGAINST MY SPOUSE?
If you find yourself in an unsafe position with your spouse/partner, the experienced attorneys at Capetola & Divins are here to help protect you by filing for an Order of Protection. An order of protection is issued by the court and requires one person not to do certain things. There are two types of orders of protection. The first is called a stay-away order, which requires that the parties do not have any direct contact and must stay away from one another. The second order is referred to as a refrain from which limits contact, but no family or criminal offenses may be committed. These orders are issued by a judge to protect you from threatening intimidating behavior. Typically, they are issued by the Family Court by filing a Family Offense Petition.
It is a crime to violate an order of protection. If your spouse violates an order of protection, you should contact your attorney and/or the police immediately. If the violation is not an emergency, then your attorney may file a violation of the order. Filing for an order of protection is a stressful process, and the attorneys at Capetola & Divins are here to help guide and support you through the process.