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Orders of Protection in New York

According to the Office for the Prevention of Domestic Violence, New York State courts issued over 300,000 orders of protection in 2010.  Sadly, in that same year, there were also 73 intimate partner homicides, a 19 percent increase from 2009.

Sobering statistics

Suffering domestic violence — or false accusations of domestic violence — is life-changing.  Enduring threatening or harassing behavior from anyone is reason to seek relief from the law.

In my practice, I work with clients in real need of protection.  I also see orders of protection sought against parties who have done nothing wrong in an attempt by their spouse or former spouse to gain an upper hand in a divorce or conflicted child custody case.

In New York, an order of protection is a legal document that tells someone not to do specific things.  Intended to stop or prevent abuse or harassment, an order of protection can contain many provisions including:

  • Stay away order. Direction to stay away from a person, their children, home, workplace, or frequently visited places.
  • Refrain from order. Direction not to contact, call, write, harass, or engage in threatening behavior.

An order of protection can also advise a party to leave his or her home, give up firearms, and participate in counseling.  Protective orders are issued in civil actions by Family Court and the Supreme Court. Criminal Court issues protective orders only after an arrest.

Getting protection — from an abuser, or an abusive accusation — is important.  Call me if you have questions about either.

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Randy  S.  Margulis Attorney Photo
Randy S. Margulis
Member

As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Alexandra M. Rockwood Attorney Photo
Alexandra M. Rockwood
Senior Associate

Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…

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    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

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