If you are a victim of harassment or stalking in New York, you may be eligible to obtain a restraining order to protect yourself from further harm.
In this blog post, we will discuss the process of obtaining a restraining order in New York and how an experienced lawyer like Paul Biagini can help you navigate the legal system.
1. Understand the types of restraining orders
In New York, there are several types of restraining orders, including orders of protection, restraining orders, and stay away orders. Orders of protection are typically used in cases of domestic violence, while restraining orders and stay away orders are used in cases of harassment and stalking. Your lawyer can help you determine the type of order that is appropriate for your situation.
2. File a petition
To obtain a restraining order, you will need to file a petition with the court. Your lawyer can assist you in preparing the necessary paperwork, which will include a detailed account of the harassment or stalking behavior, and any evidence that you have to support your claim. You will also need to provide the court with information about the person you are seeking protection from.
3. Attend a hearing
Once you have filed your petition, the court will schedule a hearing to review your case. At the hearing, you will have the opportunity to present evidence and testimony to support your claim. The person you are seeking protection from will also have the opportunity to present their case. Your lawyer can help you prepare for the hearing and can represent you in court.
4. Obtain a temporary restraining order
In some cases, the court may issue a temporary restraining order while your case is being heard. This order will provide immediate protection for you until the final order is issued.
5. Obtain a final restraining order
If the court determines that you are in danger, they may issue a final restraining order. This order will provide long-term protection and may include provisions such as requiring the person to stay a certain distance away from you or prohibiting them from contacting you in any way.
6. Enforce the order
Once you have obtained a restraining order, it is important to enforce it. If the person violates the order, you can contact the police or your lawyer for assistance in enforcing the order. Violating a restraining order is a criminal offense and can result in serious consequences.
In conclusion, obtaining a restraining order is an important step in protecting yourself from harassment and stalking in New York. An experienced lawyer like Paul Biagini can assist you in navigating the legal system and ensuring that your rights are protected. By filing a petition, attending a hearing, and obtaining a final restraining order, you can take control of the situation and work towards a resolution that ensures your safety and wellbeing.