Restraining orders, or "orders of protection" as they're known in New York, can be an unfortunate but necessary reality for many families facing divorce. There are actually two kinds of restraining orders that can occur during divorce proceedings. Each addresses different matters, but both protect a spouse, and any children, while the terms of the divorce are being decided.
Here at Peter L. Cedeño & Associates, P.C., we've dealt with numerous, volatile divorces that have required orders of protection. Despite the added difficulty and sensitivity, we were able to support our clients and help them navigate to the best possible outcome. Whether you've been served or looking to file, we're ready to do the same for you.
As part of new laws passed in 2009, both spouses who bring their divorce case to court are automatically subjected to a restraining order. This measure was taken to protect property and children while terms of the divorce are still being decided.
Automatic restraining orders in a divorce stipulate:
Neither spouse can sell, remove, or damage any property jointly or individually owned.
Neither spouse can tamper with savings or other assets.
Neither party can alter other insurances, including life insurance, during divorce proceedings.
The other kind of restraining order can be requested by either spouse during an ongoing divorce proceedings when he or she believes their safety, or the safety of children or family, are threatened by the opposing spouse. These orders of protection have more lasting effects, even after the divorce is settled, and can address a number of other issues besides enforcing proximity and contact.
Supreme Court orders of protection can also:
Supreme Court orders of protection must be requested in court by the threatened spouse or they can have legal representation request it on their behalf.
All divorces carry some degree of difficulty, but in cases of open and even threatening hostility, they can become overwhelming. Peter L. Cedeño & Associates, P.C. has lent knowledgeable, assertive counsel to clients on both sides of an order of protection, protected their rights, and ensured that they moved past the issue with minimum penalty to themselves and the quality of their divorce settlement.
If you are facing an order of protection, or want to know what your rights are during an automatic restraining order, call our firm to speak with a proven New York City divorce attorney.