Buffalo Orders of Protection Attorney
Dedicated to handling domestic violence cases
Domestic violence is a serious problem that affects families throughout New York and across the nation. It comes in many forms, from constant harassment to threats of violence to child abuse. Domestic violence issues in the home often lead to spouses filing for divorce or separation, but sometimes even these measures are not enough to protect victims from their attackers.
The Law Offices of Randy S. Margulis and Associates is dedicated to helping victims of domestic violence and those accused of committing domestic violence throughout the Buffalo metropolitan area. Orders of Protection are often critical in preventing victims from suffering further abuse, harassment or violence. I have extensive experience representing both victims of domestic violence and those charged with domestic violence in civil and criminal courts. Protect yourself and your children by contacting the family law attorney today.
How to obtain Orders of Protection
Orders of Protection can be issued in the Supreme Court, criminal court or family court. I can assist you in seeking an Order of Protection if you are:
- A current or former spouse
- Related by blood to the accused
- The parent of a child with the accused
- Involved or previously involved in an “intimate relationship” with the accused. When considering whether an intimate relationship existed, courts consider the nature, duration and interactions between the parties. This relationship does not have to be sexual in nature.
However, in criminal court, you can seek an Order of Protection against someone with whom you have no relationship. In addition, clients can seek Orders of Protection in both courts simultaneously. Orders of Protection generally last for two years, but can be extended up to five years if “aggravating circumstances” exist or if the order is violated.
Generally, Orders of Protection are divided into two categories — “stay away” orders and “refrain from” orders. “Stay away” orders prohibit the accused from coming within a specified distance of the victim and any children that they share. These orders also prevent the accused from coming near a victim’s workplace, place of residence or any other frequently visited locale. “Refrain from” orders prohibit the accused from contacting, assaulting, menacing or harassing victims in any way. Orders of Protection may include both “stay away” and “refrain from” provisions, as well as additional terms concerning supervised visitation, temporary child support, suspension of firearm licenses and forced exclusion from a shared residence.
If you have been issued an Order of Protection, it is critical to understand how serious this matter is. If you violate the terms of your order, the consequences can be much harsher than the penalties for the underlying offense, and can rise to criminal conduct. If an Order of Protection has been entered against you, complying with its terms is always in your best interests. Violating an Order of Protection could result in serious penalties, and learning your rights and responsibilities under this order can prevent you from serving time behind bars.
Effective representation. Proven results.
Call the Law Offices of Randy S. Margulis and Associates today at 716.886.9600 or contact our firm online to schedule an initial consultation. From my offices conveniently located in Williamsville and downtown Buffalo, I represent clients living throughout the Buffalo metropolitan area and Western New York, including:
- Grand Island
- Orchard Park
- Niagara Falls
- West Seneca