Providing for Safety • Protecting Parental Rights
Orders of Protection Lawyer in Western New York Amherst/Williamsville/Clarence • Buffalo and Erie County
An order of protection is an important legal remedy for victims of spousal abuse or family violence. Unfortunately, it can also become a tool for leverage in divorce and custody proceedings.
Whether you are seeking or challenging an order of protection, the law office of Keith B. Schulefand, Esq., can respond with the urgency and legal knowledge to protect your interests. I represent men and women in Erie County and Niagara County. Call me at 716-632-5919 for a free consultation with an experienced attorney.
If You Are Seeking an Order of Protection
If you have been assaulted or threatened, or if you fear for the safety of yourself or your child, you can obtain a temporary order of protection. This emergency protection order will require that the abuser be removed from your home and have no contact with you or your children. The order is granted by a judge until a formal hearing is held (usually within a week). At that hearing, I can help present evidence for a permanent order of protection. While temporary orders are readily granted, a judge will require substantial proof before issuing a permanent order, which typically lasts 12 months.
If You Are Served With an Order of Protection
New York courts take allegations of domestic violence very seriously. If you are in the middle of divorce or custody proceedings, or if proceedings follow the issuance of a protective order, you will be at a distinct disadvantage. It is critical to challenge a protection order aggressively and properly. There may be consequences for your freedom, your parental rights, your employment and other aspects of your life.
I have practiced divorce and family law for 19 years, and I am familiar with the family law judges in the Greater Buffalo area and surrounding communities. Most likely you are also facing criminal charges of domestic assault or violation of a protective order. In Erie County, the family court and criminal court have been combined as the integrated domestic violence court (IDV) to address the issues as one.
Twelve months is a long time to be separated from your children. During that time, you may only be allowed supervised visitation, if any. In your divorce, allegations of abuse can have long-term consequences on custody, child support and spousal support. If you have been falsely accused of domestic violence, or if your spouse or partner has exaggerated an incident to gain leverage for divorce or custody, contact me immediately at 716-632-5919.
