Live chat- online now

We are here to assist you. Chat with us now.

Chat Banner

Can We Help You?

Menu
Squarebtn

contact us today

516-561-6645 718-350-2802 631-319-8262

free consultation

New York Orders of Protection Explained

family lawyer orders of protectionAn Order of Protection is an order granted by a court which protects one individual from another. Individuals who are threatened or who have been abused or assaulted can request an Order of Protection in New York. If an Order of Protection is granted, it can require the alleged abuser to:

  • stay away from the home or other location of the individual who alleges he or she was abused
  • cause the individual to be removed from his home if the other party lives there
  • prevent the individual from telephone contact, verbal contact or contact through third parties with the individual who was allegedly abused
  • surrender all of his or her guns

Who Issues Orders of Protection?

Orders of Protection can be issued by the Family Court, Supreme Court or by Criminal Courts in the State of New York.

Family Court Orders of Protection in New York can be issued against spouses, persons related by blood or marriage, individuals who have a child in common, or individuals who have an “intimate relationship” with each other.

Criminal Courts issue Orders of Protection after an individual has been arrested and charged with a crime. A Criminal Court Order of Protection usually is issued against the person who was arrested and prevents him or her from contacting, communicating or threatening the alleged victim of a crime.

Term of Order of Protection

Orders of Protection usually last for one year but can last for as long as five years. If an Order of Protection is taken out against you, you should consult with competent legal counsel. Orders of Protection can be modified, changed, or rescinded. An application can be made to the court which issued the original Order of Protection and evidence presented that the Order of Protection as it currently exists is not appropriate.family law attorney

Removal Of Children From Homes by Child Protective Services

assistance for parents dealing with cps and acsChild Protective Services (CPS) investigates abuse and neglect complaints against parents. If they have reasonable belief children have either been neglected or abused mentally or physically, they may seek to have the children removed from the family’s home.

Family Court Proceeding

Abuse and neglect proceedings are brought in the Family Court in the State of New York. In Nassau and Suffolk Counties on Long Island, these matters are prosecuted by the County Attorney’s Office. In the five boroughs of the City of New York, these proceedings are prosecuted by the Corporation Counsel’s office.

In cases where it is believed the children are at substantial risk of physical injury, sexual abuse or other types of abuse, proceedings can be brought in the Family Court to remove children from the family’s home. The taking of children from a home usually has a traumatic impact on the children’s parents.

Child Removal Proceedings

During the course of the child removal proceedings, Orders of Protection are usually given to the children to prevent the continued abuse of the children by the parents or other family members.

Parents who have their children removed from their home are entitled to a hearing. At that time the removal agency must establish a reasonable basis for the removal of the children. It is extremely important that families being investigated by CPS or who have had action taken against them by CPS retain competent, experienced counsel to represent them in these proceedings. Often arrangements can be made to have the children returned to their family’s home as part of an arrangement where the parents take parenting classes, and/or anger management classes. In these situations there is usually a series of follow up visits by Child Protective Services to make sure the children are being properly cared for. When parents enter into these agreements to take classes or obtain therapy it is important they actually go to the classes and therapy sessions. Entering into an agreement to undergo therapy or parenting classes and not attending either therapy sessions or the parenting classes can give the impression the parents aren’t serious about changing their ways and the children remain at risk.child custody attorney

Domestic Violence in New York

family law attorneyDomestic violence refers to both physical abuse and mental abuse. It most often occurs when two people are involved in a social or personal relationship and/or are living together. In the State of New York, when domestic violence arises, Orders of Protection can be obtained either from the Criminal Courts or the Family Courts.

Domestic Violence Cases

There are two sides to domestic violence cases. One side involves either having an individual arrested for domestic violence or bringing an application to the Family Court for an Order of Protection to protect a victim of domestic violence. The other side of the coin represents those charged with domestic violence who either committed domestic violence or who are unfairly charged with domestic violence.

In our law firm’s experience, sometimes a client comes to us and we help file a complaint with the police. This causes the other individual to be arrested. Thereafter the victim comes back to us a day or two later and offers to hire us to get the alleged abuser out of jail.

Domestic Violence and Divorce

Our law office has an extensive divorce legal practice. We often have clients who come to us seeking a divorce due to their being involved in an abusive relationship. In those cases it is necessary for us to quickly deal with the economic issues in divorce, custody issues, prepare applications for Orders of Protection, and sometimes help our clients obtain locksmiths to change the locks on their home to make them more secure.

Domestic Violence Can Be Stopped

The cycle of domestic violence can be stopped. Clients who are in troubled relationships require sensitive, dedicated attorneys with experience in dealing with the psychological impact domestic violence can have on a household and how it impacts on even post divorce situations. Our office does everything in our power to help our clients sleep at night and not worry about continued domestic violence and the problems related to their divorce.criminal  attorney

Obtaining An Order Of Protection

family law attorney on long islandOrders of Protection exist to help individuals who are victims of domestic violence to protect themselves. Orders of Protection can be granted by a Criminal Court judge, a Family Court judge, or if there is a divorce matter pending, by a Supreme Court judge.

Obtaining An Order of Protection

To obtain an Order of Protection you must bring an application and in that application you must state why you want the Order of Protection and who you want the Order of Protection against. There are a number of specific allegations which can be alleged in your petition for an Order of Protection. Some of the more significant allegations contained in applications for Orders of Protection are:

  • harassment
  • physical abuse
  • emotional abuse
  • reckless endangerment
  • stalking
  • assault and battery
  • sexual abuse
  • threatening behavior

Speaking Up

When abuse takes place within a family situation, the individuals who are abused are sometimes reticent to speak up concerning the abuse. There are concerns in these situations of retaliation, embarrassment, and sometimes shame. Unfortunately, if an individual does not stand up for his or her rights concerning this abuse, the abuse may get worse and lead to serious physical injury.

Types of Orders of Protection

When an application for an Order of Protection is made, the court has a level of discretion, even when granting the Order of Protection, as to what type of Order of Protection to grant. There are basically two types of Orders of Protection granted by judges. These two types are the Stay Away Order of Protection and the Refrain From Order of Protection. In the Stay Away Order of Protection situation, the individual receiving the Order of Protection receives an order that prevents the abuser from having any contact with the victim. The order will usually state a specific distance the abuser must stay away from the victim. The abuser must avoid going to the home, workplace, or other location where the victim will be present. Sometimes it is also necessary for the victim of domestic violence to also obtain an Order of Protection protecting his or her children in addition to himself or herself.

The second type of Order of Protection is a Refrain From Order. This type of Order of Protection prevents the abuser from engaging or participating in any type of behavior which would threaten the victim, harass the victim, or cause violence against the victim. This Order of Protection usually prevents the abuser from acting personally, or through third parties, with regard to harassing, stalking, or threatening the victim.

Help For Victims of Domestic Violence

divorce attorneyIf you, a friend, family member or loved one is a victim of domestic violence, the best way to deal with the situation is to immediately contact an experienced domestic violence lawyer. The lawyer can expeditiously move forward to obtain an Order of Protection and cause the domestic violence to stop.

Judge Allows Egregious Fault Inquiry in Equitable Distribution Case

matrimonial attorneysJustice Palmieri in the Supreme Court located in Nassau County, New York, has rendered an unusual decision in a divorce case. Divorce Law in New York does not make fault a factor in equitable distribution of assets unless there is “egregious marital fault.” In this case, the wife’s husband of ten years had been convicted of sexually molesting her eight year old granddaughter from another marriage. The attorney for the wife sought to make an inquiry with the husband with regard to his conduct being a potential factor in the equitable distribution of the property. The husband’s attorney brought a protective order application alleging that this conduct is not material to the equitable distribution of assets.

Sexual Abuse Is Egregious Fault

Judge Palmieri, in his decision, stated “it cannot be seriously argued that this could never be a sufficient basis…for finding ‘outrageous’ or ‘conscious shocking’ conduct no matter what disclosure of the underlying facts might reveal.” He therefore, allowed the discovery of material to develop the facts in this situation.

Mrs. G stated that after her husband was convicted she had a nervous breakdown. She was forced to take medication which prevented her from functioning properly. She needed therapy, but could not continue with the therapy because her husband refused to pay for the treatment.

Judge Palmieri in his decision stated “notwithstanding the plea, no trial Court can fairly determine whether the defendant’s conduct was sufficiently outrageous or conscious shocking to affect equitable distribution on a conviction alone.” This is due to the fact plea bargains are often the result of negotiations in which various factors come into play. The judge went on further to say “the issue is his conduct and the effect on the plaintiff and his alleged victims cannot be used as shields.”

Conclusion

Judge Palmieri has deviated from the established law with regard to allowing fault to be taken into consideration in the equitable distribution of assets. I presume this case will be appealed. It is my expectation that it will be reversed by the Appellate Division.

New York Fathers Rights’ Lawyers

Sometimes when fathers come into Court, they find the playing field is not level. The Family Court is often referred to as “mommy’s court.” However, there is a way to level the playing field and that is to hire the most experienced, most competent aggressive fathers’ rights lawyers available.

family law and divorce on Long IslandThe attorneys of the Law Offices of Schlissel DeCorpo are recognized throughout the metropolitan New York area as the premiere father’s rights lawyers. We litigate issues involving divorces, child custody, visitation, changing child custody, child support, child abuse, child neglect, annulments, parental alienation cases, as well as orders of protections. Call us for a free consultation at 1-800-344-6431, 516-561-6645, 718-350-2802.

Divorce and College Tuition Expenses for Children (Part 2)

college2.bmp

State University of New York (SUNY)

At this point in the discussion (refer to yesterday’s post for “Part 1” of this article), the attorney for one of the parties usually suggests the parents’ exposure for payment of college expenses should be limited to a “SUNY CAP”. The SUNY CAP is defined as either the cost of sending the children to one of the

SUNY schools or the cost of sending the children to the most expensive SUNY school.

The purpose for utilizing a SUNY CAP in divorce proceedings is to limit the potential expenses of a college education while allowing the children to attend a college in the SUNY system, which is considered one of the best state wide college education systems in the country.Using today’s costs, an education at a SUNY school costs approximately $18,000.00 a year, whereas an education at a private college, such as Syracuse University, would cost approximately $55,000.00 per year. As you can see, there is a large gap between the private university costs and the SUNY college tuition expenses. It should be noted this does not take into consideration scholarships, financial aid or loans that might be available to students attending a private university. These may bring the cost down considerably.

The SUNY CAP In Case Law

The SUNY CAP is used so often by divorce lawyers in settlement agreements that a questions arises as to whether this is a standard to be applied in divorces in New York. This question was answered by Supreme Court Justice Mathew F. Cooper, who sits in Manhattan Supreme Court, in the case of Pamela T. vs. Mark B. In this case, Judge Cooper stated “but there is one thing the SUNY system should not be. Contrary to what proponents of a wide and liberal application of the SUNY CAP might argue, the SUNY system should not be the assumed destination for a child of divorce.”

In the case before Judge Cooper, a child fought to go to Syracuse University. The parents were both lawyers who had been divorced in 2008. Both of the parents earn in excess of $100,000 a year. Judge Cooper’s decision stated the parents had
The court’s prior decision in the 2008 Judgment of Divorce did not deal with the issue of college expenses for the two children of the marriage. Judge Cooper ordered the father, Mark B., to pay 40% of the son’s college education at Syracuse, which was approximately $21,000 per year.The moral of this story is that the details of college education expenses for children should be laid out in a separation agreement or stipulation of settlement. This will eliminate future questions regarding college education responsibilities.

resources in the hundreds of thousands of dollars. Although the mother was willing to pay for half of the cost of sending one of her sons to Syracuse University, the father was not. He only wished to pay half of the expense to send his son to the State University of New York at Binghamton.

Fathers who come to our law office often claim that they are treated like second class citizens in the Family Court regarding child custody, visitation, child support, spousal maintenance (alimony), orders of protection and issues involving child abuse and child neglect. They also relate to us that in divorce proceedings in the Supreme Court they are not treated fairly. Our law office represents fathers with regard to all types of proceedings in the Family Court and the Supreme Court. We aggressively protect fathers’ rights. We deal with difficult issues, such as downward modifications of child support, relocation problems, parental alienation cases and issues involving parental alienation syndrome. For more than 33 years, we have been recognized as one of the premier fathers’ rights law firms in the Metropolitan New York area. If you have matrimonial or family problems, we can help you. Call for a consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Divorce and College Tuition Expenses for Children (Part 1)

college.bmpThere are many issues that come up in divorces. Who gets custody, child support, visitation (parenting schedules), equitable distribution of property and the payment of debts from the marriage. These issues can cause divorces to be contentious. Litigants in divorce cases spend large sums of money fighting to protect their rights concerning these problems.

College Expenses

If the parties to a marriage have children, how is the issue of college expenses dealt with? To start with, most litigants in a divorce will tell their attorney that their children are young and they don’t want to deal with the college expense issue now, that they’d prefer to wait until a later time. In those situations, the attorney should ask his clients how much they have saved up for college so far. The answer to that question is often either zero or a very small amount.

During settlement discussions on divorce issues, the parties often get together at one of the attorney’s offices and have a four party meeting. At this meeting, both spouses and their respective attorneys face each other across a conference room table and discuss, in a mature, intelligent, reasonable manner the issues involved in their divorce.

The purpose of these discussions is to try to work out an amicable settlement without the need for expensive litigation. When the issue of college tuition comes up, both of the spouses sometimes say they agree that we should pay for the college expenses for their children. Often the Attorney will inform them of something along the lines of: “well, your children are eight and ten, as of this point. You have saved very little towards their college expenses. Even though you seek to pay for your childrens’ college expenses, and this is admirable, since you haven’t saved money up until this point, it is unlikely that you will be able to save enough money to pay for the tuition in the future”

Divorce and Family Court Lawyers

I have been representing men and women concerning issues involving divorce, divorce grounds and family law problems for more than 33 years. I have been involved in hundreds of cases dealing with issues concerning orders of protection, child custody, child abuse, child neglect, division of marital property and regarding negotiation and separation agreements. My law office protects mothers’ rights and fathers’ rights in divorce and family court situations. Should you have questions or seek a free consultation, call me at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Divorce Rates For Women In the Military

Divorce rates for women in the military is double the divorce rate for men in the military. Approximately 8% of the women in the Armed Services of the United States obtained a divorce in 2010.  Only 3% of the men in the military were divorced in that year.  Dr. Benjamin Carney, a psychology professor at UCLA, conducted a study of divorce rates among military families between 1996 and 2005. This study showed that divorce rates for women in the military were 2 to 3 times higher than divorce rates for men.  Dr. Carney has two theories as to why the divorce rates for women are higher.  First is that the Armed Services are designed for military families that have civilian wives.  The Armed Services is not designed to deal with families where the husband is the civilian.  Marriages between men, who are in civilian life and women who have military careers have the highest  potential of ending in a divorce.  Men who have chosen military careers have civilian wives in 90% of the marriages.  However, women in the military have a majority of spouses that are also in the military service. Professor Carney also sees gender role reversals as an additional reason for the disparity between the divorce rates for men and women in the Armed Services.

Conclusion: If the Armed Services is going to be a more attractive place for women, action must be taken to help them maintain and keep their marriages going.

New York and Long Island Divorce Lawyers

The Law Offices of Schlissel DeCorpo handles all types of divorces. We represent individuals in the service as well as men and women in civilian life. We litigate divorce issues involving divorce grounds and family law related matters. We represent our clients concerning orders of protection, child custody, child abuse and child neglect matters. We negotiate separation agreements, pre nuptial and post nuptial agreements on behalf of our clients. We litigate issues involving mother’s rights and father’s rights. We help our clients deal with the division of property in divorces and we also work towards amicable resolution of divorce issues. Feel free to call us for a free consultation

Halle Berry’s Custody Issues

Halle Berry was married to Gabriel Aubry. They have a daughter named Nahia. Halle Berry is an oscar winning actress. She has been engaged in a custody fight over her two year old daughter Nahia.

Halle has dropped out of a broadway play due to custody issues. She had been scheduled to make her broadway debut in September. The play was called the Mountain Top. Samuel L. Jackson is portraying Dr. Martin Luther King in the play. Halle was to portray a maid at the Lorraine Hotel in Memphis where King was the night before he was shot.

Nasty Custody Battle

Halle has been involved in a nasty custody battle with her ex partner Gabriel Aubry. The couple initially split up in 2010.

Halle Pulls Out of Movie Entitled New Year’s Eve

Halle Berry has also dropped out of a movie entitled New Year’s Eve. She blamed her pending custody litigation involving her daughter for her dropping out of this film.

She has recently claimed she has been unable to amicably resolve her custody issues with the child’s father Gabriel. A representative for Halle Berry has stated “she has serious concerns for her daughter’s well being while in the care of her father for any extended period of time and is prepared to take all necessary steps to protect her.” Is the real issue that Nahia’s father Gabriel Aubry is the parent who spends the majority of the time meeting the child’s needs while Halle pursues her career. It appears that Gabriel spends a majority of the time taking care of this child, while Halle is off making movies and appearing in other productions.

Father’s Rights Lawyers in New York

Children have two parents, a father and a mother. Under New York Law they have equal rights to custody and visitation. We are father’s rights lawyers. We litigate issues on behalf of fathers involving divorce, orders of protection, child custody, child visitation, child support, spousal maintenance (alimony), child abuse defense, paternity, no fault divorce and issues involving attorneys fees in divorces. We also assist our clients in obtaining annulments and dealing with parental relocation problems. We negotiate separation agreements, pre nuptial and post nuptial agreements for our clients. We represent fathers in cases in Nassau County, Kings County, Queens County and the rest of the Metropolitan New York area. Call for a free consultation.

Taping the Phone Calls of Suspects in Abuse Cases

phone-150x150New York City jails tape all phone calls made by prisoners, with the exception of calls to doctors and lawyers. Prosecutors have been using these tapes against these prisoners. More than 8,200 calls were taped last year in New York City jails. The largest number of taped phone calls were used in domestic violence cases.

Domestic Violence

Men charged with assaulting and beating their wives and girlfriends seem to be blabber mouths. “I need you to prepare the kids to start lying” was stated by one man to his girlfriend on one of these taped conversations. In another case, the prisoner told his girlfriend, “whatever you do, do not speak to the District Attorney.”

Scott Kesler, the Bureau Chief in the Queens District Attorney’s office, stated the records “revolutionized the way we were able to proceed against men in domestic violence cases.” Mr. Kesler stated that we now have to ability “to prove what we’ve always suspected, which is that defendants in domestic violence cases are in constant contact with their victims and they utilize the phone system to intimidate their victims and refuse to cooperate in their prosecution.”

Orders of Protection

In virtually all domestic violence cases, the abused individuals are given orders of protection preventing the abuser from having contact with them. These jail house calls are in violation of the court ordered orders of protection and constitute a crime in and of themselves.  In one case in Kings County, the abuser called the victim 1,200 times while he was incarcerated. Sometimes the victims are so traumatized by these phone calls that they refuse to cooperate with the prosecutors. In these situations, the District Attorneys office can utilize the recordings to explain why the victims are refusing to testify.

In a case involving Mohammd Khan, who was charged with stabbing his wife in the head and shoulders with a meat cleaver, the wife testified she did not remember who her attacker was. The recordings showed that Mr. Khan had engaged in a campaign of coercion against his spouse. Prosecutors were able to introduce her statements made in the hospital during the course of the proceedings against Mr. Khan. Mr. Khan was convicted and eventually sentenced to 7 to 10 years in prison.

Fathers’ Rights Lawyers

If you are arrested, it is generally not in your interest to speak about the alleged crime you have committed. The fathers’ rights lawyers at the Law Offices of Schlissel DeCorpo represent fathers concerning the following matters related to divorces and family court proceedings: orders of protection; child custody; child visitation; child support; spousal maintenance (alimony); child abuse; child neglect; CPS and ACS cases; paternity and equitable distribution; negotiating separation agreements, pre-nuptial and post-nuptial agreements. Feel free to call us for a free consultation. We can protect your rights.

  • banner-changes
  • image5
  • image6
  • image7