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 Courts, pursuant to New York Family Court Act Article 8, are some of the most frequently dismissed petitions on technical grounds – most commonly, failure to state a cause of action, or “facial insufficiency.” This essentially means that the Petitioner, the person making the allegation and the one seeking an Order of Protection, aka, Restraining Order, has failed to allege facts that make out one of the many enumerated offenses that constitute a Family Offense. Simply, if you are frightened for your well-being to the point where you commence a legal action whether its in New York City or the Hudson Valley, you will either ensure it is done correctly or deal with the potentially tragic consequences of not engaging an NYC Order of Protection lawyer to ensure the same.
NY Family Court Orders of Protection: Court’s Initial Legal Standard and Review