Restraining Order Lawyer Albany, NY – Starting at $199
Human interaction is one of the most obvious fundamental foundations of all societies on earth, but when someone abuses that sacred privilege you earned the right to defend yourself. This can be accomplished In many ways, and in modern society one of those structures is a legal Restraining Order. A restraining order requires that a person is to cease contact, abuse and other behaviors that require proximity. Restraining Orders are usually filed after Divorce proceedings and can last up to five years. The R.O professionals attorneys of Albany, NY The Smelyansky Law Firm are here to bring you back relief, and your sense of security.
If happen to find that you are on the other side of the Restraining Order, we can also represent you. Upon representation sometimes the side issuing the order may wrongly have false contentions, and judgment for the other side can still be reached. Seeking a restraining order and fighting an order must be done strategically by an experienced attorney we at The Smelyansky Law Firm understand the strain an R.O can have on your personal relationship and career.
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Differences Between Temporary and Permanent R.O’s:
TRO’s (Temporary Restraining Orders) are given depending on the judgment of a permanent restraining order hearing. These orders can last for less than a month. When served these documents they must contain the declaration and allegations, which explain why both parties interaction are dangerous resulting in serving of documents. There are also times that the party that the R.O is against doesn’t have to be informed, but the resulting court hearing can upgrade to a Permanent Restraining Order. Once the Judge overseas a court hearing and judges the evidence a temporary R.O can be made Permanent. These orders can range from one to five years.
Emergency Protective Orders
Some of our worst fears come from those closest to us, and vice versa. Domestic Violence is a pattern of behavior used to establish power and control over another person through fear and intimidation, often including the threat or use of violence. Other terms for domestic violence include intimate partner violence, battering, relationship abuse, spousal abuse, or family violence. In situations like these, there are also Emergency Protective Orders that can be issued by a law enforcement official. They last up to five days. These orders are placed mostly when children are involved, and/or victim’s of abuse. These orders are frequent in domestic violence and stalking cases, cases where its hard to think straight because emotions are running high. It is hard to go through something like this, especially if the supposed victim is family or a significant other. Other examples include one or more of the following acts committed against a victim by an adult or a well aware minor:
- Terrorist threats
- Criminal restraint
- Criminal mischief
- Criminal trespass
- False imprisonment
- Sexual assault
- Criminal sexual contact
We have handled numerous protection order violation cases and know what you are up against. We know that Albany judges are not sympathetic to anyone even suspected of not following the court orders, and they treat them unfavorably. We will do everything in our power to ensure that your rights are protected at every stage of the criminal justice process and fight for you. You may think the world is against you, but we urge you to reach out to see what we can do to help. Call Melita & Smelyansky, PC to discuss the details of your case today.