Understanding how to protect oneself from abuse, harassment, or threats is a critical concern, particularly in a state like New York, where legal resources are available but often challenging to navigate. In a recent article titled “How to Win an Order of Protection in New York,” New York family law attorney Ryan Besinque (https://www.besinquelaw.com/how-to-win-an-order-of-protection-in-new-york/) shares valuable insights into the legal steps and considerations involved in obtaining protective relief from the court system.
For anyone facing domestic violence or persistent harassment, consulting with a New York family law attorney is an important first step. Ryan Besinque, from The Law Office of Ryan Besinque, outlines the legal frameworks available under state law and breaks down the differences among the three main types of protective orders: Family Court, Criminal Court, and Supreme Court orders of protection. According to Besinque, “An order of protection is a legal tool designed to protect people from physical violence, harassment, stalking, and other forms of threats or abuse”.
The article stresses that working with a New York family law attorney is often key to understanding the legal thresholds required to secure such an order. The eligibility criteria include having a defined relationship with the alleged abuser and showing evidence of a “family offense,” such as assault, stalking, or harassment. Besinque notes that legal representation is particularly helpful in organizing documentation, filing petitions, and advocating during hearings. The article also details the options available when minors are involved and emphasizes the legal responsibilities of parents or guardians to act in the best interest of the child when seeking protection.
Ryan Besinque explains that the court process typically begins with filing a family offense petition in the appropriate jurisdiction, followed by court review and the possible issuance of a temporary order. The document is then served to the respondent, with service often handled by law enforcement or an approved process server. Throughout the process, the petitioner must attend court appearances and provide supporting evidence. As Besinque outlines, “If the respondent doesn’t attend, the court may issue a default judgment. Temporary orders may expire, so check for updates at each court date. If you win the case, the judge will issue a final order of protection”.
The article goes on to clarify the standard of proof required, especially within Family Court, where the threshold is “a preponderance of the evidence.” This means that the claims must be more likely true than not, which contrasts with the higher standard of “beyond a reasonable doubt” in Criminal Court. Ryan Besinque highlights the importance of evidence such as police reports, medical records, and testimony from witnesses in establishing a strong case.
During a hearing, both the petitioner and respondent have the opportunity to present their accounts. The judge’s decision results in either the issuance or denial of a final order of protection. If granted, the order can include conditions such as no contact, maintaining a specified distance, participation in counseling, or surrender of firearms. The duration of the order varies, with some lasting a few months and others extending for years, depending on the circumstances.
Besinque also covers what happens when circumstances change after the issuance of an order. Modifications or extensions require a formal petition to the court and a new hearing. If credible evidence is presented, the court may revise the terms or prolong the protection.
Another important section of the article addresses whether orders of protection appear on a person’s record. Orders issued in Family Court are generally private and not visible on a criminal background check. However, those issued in Criminal Court are public and can appear in background screenings conducted by employers or landlords.
For anyone in New York seeking to understand how to gain legal protection from abuse or threats, Ryan Besinque’s article offers a practical guide. The step-by-step breakdown demystifies the process and emphasizes the legal avenues available through the court system. He makes clear that navigating these procedures can be challenging but is manageable with careful planning, clear documentation, and appropriate legal support.
The Law Office of Ryan Besinque continues to support individuals seeking orders of protection through Family Court, Criminal Court, or as part of divorce proceedings. For those considering filing a petition, the article encourages taking immediate action to begin the process of securing safety.
Legal protection is not out of reach for those who meet the eligibility criteria and are willing to follow the appropriate steps. Guidance from a qualified New York family law attorney like Ryan Besinque may help clarify the legal path forward and increase the chance of obtaining the relief necessary to ensure peace of mind.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque represents clients in family law matters throughout New York. Led by attorney Ryan Besinque, the firm focuses on guiding clients through emotionally and legally challenging circumstances with clarity and determination.
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