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 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. We 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 our family law attorneys today.
Orders of Protection can be issued in the Supreme Court, criminal court or family court. We can assist you in seeking an Order of Protection if you are:
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.
Call the Law Offices of Randy S. Margulis today at 716.886.9600 or contact our firm online to schedule an initial consultation. From ouroffices conveniently located in Williamsville and downtown Buffalo, we represent clients living throughout the Buffalo metropolitan area and Western New York, including:
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 is an Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She practices primarily in the areas of matrimonial and family law. Ms. Rockwood graduated magna cum laude from SUNY Geneseo with a degree in History and minors in Political…