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NYC Order of Protection Defense Attorney

New York Order of Protection Defense Attorney

Millions of people live in New York. Some of those persons could pose a threat to you or your loved ones. On top of that, not all dangerous people are strangers. For example, spouses in the midst of divorce proceedings may find the relationship between them comes with an element of possible or actual violence. Perhaps violent behavior motivates the prime reason for the divorce.

The Problem of Violent Behavior

You can have an order of protection issued if one spouse feels he or she is threatened by another spouse. Different courts have the authority to issue an order of protection. During divorce proceedings, the family court will process such a request. An order of protection, essentially bars certain behaviors on the part of the aggressor. He or she may be denied contact with the other soon-to-be ex-spouse or might be ordered to turn in any firearms they may have.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Your Safety Is Under the Protection of the Law

According to the laws of New York State, “If you are the victim of domestic violence, you may request that the officer assist in providing for your safety and that of your children, including providing information on how to obtain a temporary order of protection. You may also request that the officer assist you in obtaining your essential personal effects and locating and taking you, or assist in making arrangements to take you, and your children to a safe place within such officer’s jurisdiction, including but not limited to a domestic violence program, a family member’s or a friend’s residence, or a similar place of safety. When the officer’s jurisdiction is more than a single county, you may ask the officer to take you or make arrangements to take you and your children to a place of safety in the county where the incident occurred. If you or your children are in need of medical treatment, you have the right to request that the officer assist you in obtaining such medical treatment. You may request a copy of any incident reports at no cost from the law enforcement agency.” (source: yonkersny.gov)

Getting an Order or Protection in New York

A particular form needs to be filled out and presented to the judge in the New York family court. The form allows the petitioner to clearly put forth the specific dangers the other person presents. The judge can look over the application and render a decision based on both the content on the form and any arguments brought forth by both lawyers. Questions about children the two parties may have together would be noted on the form. Things often become complex when filing for an order of protection.  Custody rights need to be addressed in the process.

Obviously, the filing of any order or protections reflects a very serious situation between the two divorcing parties. Retaining the best possible New York Order of Protection attorney to speak to the seriousness of the situation becomes critical in order to arrive at the desired — and appropriate — outcome.

The Dangers of Violence and Stalking

Domestic violence poses a threat to the life and safety of the potential victim. ending a marriage helps the process of moving away from an abusive spouse. The danger a spouse poses may not evaporate right after a separation or while divorce proceedings take place.

In some matters, the violence might commence after the divorce is initiated. Stalking and other kinds of threatening behavior might take place. Living in fear over the potential of violence can be greatly stressful and frightening. Pursuing protections from the court makes sense for those dealing with so much fear and worry.

Filing a petition for an order of protection and putting forth all the facts of your case to the court should increase the chances of a favorable outcome.

The other spouse could argue against the order of protection for numerous reasons. We can’t stress enough that the best possible counsel must be involved in order to improve the likelihood of a preferable result.

The Rights of a Domestic Violence Victim

According to New York legislation, “You have the right to seek legal counsel of your own choosing and if you proceed in family court and if it is determined that you cannot afford and attorney, one must be appointed to represent you without cost to you. You may ask the district attorney or a law enforcement officer to file a criminal complaint. You have the right to have your petition and request for an order of protection filed on the same day you appear in court, and such request must be heard that same day or the next day court is in session.” (source: yonkersny.gov)

Both the family court and the criminal court possess the authority to issue an order of protection from conduct that constitutes a family offense.  This order can include, among other provisions, an order for the respondent (defendant) to keep away from you and your children. A family court judge can also order payment of temporary child support and award temporary custody of the children. If you need assistance and the family court is not in session at the time you need it, you may alternatively seek immediate assistance from the criminal court in getting an order of protection. All the forms you will need to obtain for an order of protection are available from the New York family court and also from the New York criminal court. 

False Claims

To put in a criminal complaint or a family court petition that contains allegations that are knowingly false is, in itself, a crime. What happens if claims made against a spouse in an order of protection petition are false?

As unfortunate this may be, a spouse could knowingly make false claims in court. This could include false assertions of violence. An experienced New York Order of protection defense attorney understands how to counter the false claims and do so in a professional and compelling way. Counterarguments must = be believable. A seasoned attorney should be able to bring the necessary credibility for the counterargument to carry weight.

Contact Spodek Law Group

Filing or disputing an order of protection in New York City is a critical matter that should be placed in the most capable of legal hands. Preparing for a meeting with an attorney to thoroughly discuss matters likely should be done without delay.  Contact us for your free consultation today.

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