what type of attorney represents petitioners in civil dv law

by Dr. Sylvester Schiller I 3 min read

Who is the petitioner in a domestic violence case?

Over the years, I have represented numerous victims of domestic violence in all types of legal matters. From my early years as a domestic violence staff attorney at Land of Lincoln Legal Assistance Foundation to my years in private practice, I have represented victims of domestic violence in civil order of protection cases, divorce and custody litigation, and immigration to …

Who is the petitioner in an order of protection case?

Domestic Violence Attorneys in Lake County, Illinois The Law Offices of Stuart A. Reid, P.C. represents both petitioners and respondents in civil order of protection cases. We will work thoroughly with you to explain the processes necessary to obtain and enforce an order of protection, or to have one dismissed if you have been unfairly accused.

What does a civil litigation lawyer do?

Aug 15, 2015 · Petitioners Seeking Orders of Protection. The petitioner in an order of protection case is the person requesting a protective order from the court. The petitioner is the victim of an alleged crime, such as domestic violence, domestic battery, sexual assault, or stalking. The petitioner can request a civil or criminal order of protection ...

What kind of lawyer do I need for personal injury cases?

the District of Columbia. In Delaware and Denver, petitioners also receive direct assistance when they file "Developments in the Law: Legal Responses to Domestic Violence," Harvard Law Review vol. 106 (1993):7. The Urban Institute, The Violence Against Women Act of 1994 (Washington, D.C., 1996); M. Chaudhuri and K. Daly, "Do Restraining

How do you get an order of protection dismissed?

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

How can I get around a no contact order?

If you want to get back together, or even just talk to the other person or see them, you can: ask the court to change the order. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order.

What happens if the petitioner violates a restraining order?

What happens if you breach a restraining order? If the abuser violates any of the terms of the restraining order, the victim should call the police. Once the police have been alerted for violations of the order, they will sign a criminal complaint meaning the abuser is in contempt of court.Jan 29, 2021

What happens if the victim violates the order of protection NY?

If a Family Court order of protection is violated, the respondent can be arrested by the police and charged with Criminal Contempt as either a misdemeanor or felony. A conviction can lead to jail or even time in a New York State prison.

What is 3rd party communication?

What is a third party communication? When a protective order is in place, a third party communication is when someone contacts a plaintiff on behalf of the defendant, such as when someone passes along a message.

What constitutes a breach of a restraining order?

Breaching a restraining order is a serious offence; when someone breaches, or fails to comply with a court order, they are acting in contempt of court. If a person is proven to have breached a restraining order, the penalties can be severe.

Is breach of restraining order indictable?

Consequences of breaching an order The penalty that may be imposed upon breach of the new section 5A restraining order is identical to that which can be imposed under section 5. On conviction on indictment, the defendant may be subject to imprisonment for a term not exceeding five years, or a fine, or both.

What happens if someone violates a protective order?

If the respondent is found guilty of violating the protection order, a fine or imprisonment for a period not exceeding five years, or both, may be imposed. Once the respondent has been arrested for breaching the protection order, the complainant may not decide to withdraw the charges.

How do I drop an order of protection in NY?

If the person that requested the Order of Protection wants to change or drop it, she or he should speak to the Assistant DA, if it is a misdemeanor or felony case. In other cases, the person can come to City Court and ask the Judge.