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Family Court Orders of Protection

Our experience with Family Court orders of protection emanates from the numerous matters we have handled involving domestic violence. Threats and acts of domestic violence by a spouse, former spouse, boyfriend, girlfriend, or domestic partner can be litigated in both Criminal and Family Court but the way in which they are handled is completely different in each forum. Unlike a criminal matter where law enforcement determines there is probable cause to believe a crime was committed, in Family Court all that is required for an order of protection is a complainant filing a petition alleging a family offense. There is no investigation and almost always orders of protection are issued just on the word of the petitioner. While we are skilled at drafting these petitions for true victims of domestic violence and obtaining the protection they need and deserve, unfortunately the system is open for abuse. False petitions for orders of protection are often filed to throw someone out of a house, keep someone away from his or her children, provide leverage in a divorce or custody proceeding, or to provide a way to keep having someone arrested for something as simple as an uncompleted phone call or a text message. We are particularly skilled at investigating every allegation, smoking out lies, and discovering facts and circumstances that contradict the allegations, ultimately resulting in the order of protection being vacated and the matter being dismissed.