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Articles Posted in Orders of Protection

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NY Criminal Lawyers Prevent Autistic Client’s Arrest by SVU & Secure Dismissals in Two Other Matters

Over the past few weeks, the New York criminal defense attorneys and former Manhattan prosecutors at Saland Law PC successfully advocated for clients in both NYC’s Criminal and Family Courts to obtain dismissals for Attempted Extortion and Aggravated Harassment respectively, and against the NYPD’s Special Victims Unit (SVU) to avoid…

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ACD Dismissal of Firearm Possession, Dismissal of Allegations in Order of Protection Petition, & Presentation of Case to DA After NYPD Takes No Action

This past week proved busy for the attorneys at Saland Law PC and demonstrative of the multiple hats we wear as criminal defense lawyers, Family Court lawyers, and victim advocates. Secured a future dismissal and return of an heirloom firearm belonging to a client after a felony arrest? Yes. Successfully…

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NY Family Court Order of Protection Dismissed: Court Finds Client’s Speech Protected and Lacking Clear Threat of Genuine Harm

While a Domestic Violence arrest is far more troubling than being served with a non-criminal Order of Protection issued by a New York Family Court Judge, when the foundation of either claim is fraudulent, fictitious, exaggerated or intentionally misleading, it is both debilitating and demoralizing.  Simply, whether at the legal…

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NY Penal Law 215.50: Criminal Contempt’s Nominal Pleading Requirement for Legal Sufficiency

Orders of Protection are issued in the criminal courts of every county throughout the State of New York every day, from Brooklyn to Westchester, Manhattan to Rockland. They are issued primarily by Family Courts in the context of Family Offense Petitions and Criminal Court or County/Supreme Court in the context…

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Vacating an Order of Protection: Removing a Restraining Order Post-Conviction in a New York Criminal Court

Our client, previously convicted of Fourth Degree Criminal Mischief, was sentenced in 2015 to a conditional discharge. Further, as part of the disposition of a case involving, among other allegations, Criminal Possession of a Weapon and Menacing, the Court issued a five year Order of Protection in favor of a…

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Can I get a Restraining Order and How do I Apply for an Order of Protection: Protecting Yourself in NYC and NYS with a Stay Away Order

How do I get an Order of Protection in New York? Do I have to go to the police, such as the NYPD, to apply for a Restraining Order? What are the steps and  whatever they may be, am I eligible for a Stay Away Order? All reasonable questions, the…

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Avoiding Dismissal and Denial: Properly Drafting and Filing NY Family Court Order of Protection Petitions

The questions is a common one. “How do I get an Order of Protection in New York?” “Who can get a Restraining Order in NYC?” “Do you need a lawyer to get an Order of Protection?” Before answering these questions, know the following. Family Offense Petitions in New York Family…

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Restraining Orders, Stay Away Orders and Orders of Protection in New York City and the Hudson Valley: Frequently Asked Questions Part II

Whether you have asked it of a New York Family Court attorney, criminal defense lawyer or merely thought it to yourself, if you are a victim of abuse you have likely pondered how you can get an Order of Protection. What steps must you take to keep your abuser away…

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New York Orders of Protection and Restraining Order: Frequently Asked Questions Part I

New York Orders of Protection, also called Restraining Orders and Stay Away Orders, are critical tools to protect the beneficiary of such an order from alleged or convicted harassers, domestic abusers, stalkers and other victimizers. Irrespective of who an Order of Protection shields, there are many questions that those unfamiliar…

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New York Criminal Contempt and the Protected Person’s Residence: Trying to Build a Case without a Victim

Orders or Protection are perhaps the most frequent basis for Criminal Contempt charges in New York. Such charges and criminal cases have become so routine, that the actual complaints charging a defendant with such an offense can become so pro forma as to become almost meaningless. However, the accusations in…

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