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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
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As a Buffalo divorce lawyer for 25 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.

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    5.0/5.0

    Randy Margulis is knowledgable of Domestic Law, dedicated, responsive, personable, aggressive and effective. I came to him on a friend's recommendation as well as Randy's reputation, and during the initial consultation I liked his approach and track ...

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    5.0/5.0

    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

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  • lawyers
    5.0/5.0

    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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  • lawyers
    5.0/5.0

    Mr Margulis was one of the nicest attorneys I have ever had the privilege to speak to. He knows what he is doing and saying. I chose him because he was reassuring, respectful and understanding. He made my divorce easy, without regret and civil.I appr...

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  • lawyers
    5.0/5.0

    Randy was referred to me. I am so glad I chose him to represent me. He was efficient and extremely knowledgeable. I would recommend him to anyone and have recommended him to a friend of a friend.

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