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Protection & Restraining Orders

Protection against family violence, and protection against misuse of orders β€” representation on both sides.

Scales of justice, a door with a security chain and an antique shield in the background β€” Protection and Restraining Orders in family violence cases, Helen Robinsky Tal Law Office

Overview

When family violence occurs, or when a real risk of violence exists, the law provides layered protection intended to distance the threatening party and ensure the victim's safety. The firm represents clients on both sides: obtaining protection and restraining orders for those who need them, and representing those seeking to vacate orders issued improperly.

Key Benefits

What We Deliver

Protection for Victims

Obtaining restraining and protection orders for those in genuine danger.

Vacating Orders

Representing clients facing orders issued with extraneous motives β€” exposing the true facts.

Evidentiary Foundation

Building a professional, substantiated evidence record for every petition.

Emergency Representation

Immediate action in cases of acute danger or when urgent appeal is required.

Police Restraining Order β€” Immediate Remedy

The first step is a police restraining order β€” an immediate remedy issued by a police officer as a condition of release on bail. It can distance the suspect from the home or the victim's surroundings for up to 15 days, and prohibit contact for up to 30 days.

Family Court Protection Order

When the police order expires, or alongside it, one may petition the Family Court for a protection order under the Prevention of Family Violence Law. The order's validity is 3 months, extendable to 6, and in special circumstances up to 2 years. In urgent cases, the court may issue the order ex parte.

Burden of Proof
Courts treat protection orders as a severe remedy reserved for serious, exceptional cases. General tension or household quarrels are not enough β€” a genuine evidentiary foundation showing real danger is required.

Vacating Orders Issued Improperly

The firm takes a clear professional stance on the misuse of protection orders. Reality shows that in many cases such applications are filed as tactics in divorce proceedings, to improve negotiating positions. Case law condemns this practice and empowers courts to deny applications filed with extraneous motives, and even impose costs on vexatious filers.

Comprehensive Representation on Both Sides

  • 1Preparing protection and restraining-order petitions
  • 2Building a comprehensive evidentiary foundation
  • 3Representation in court hearings
  • 4Vacating orders issued with extraneous motives
  • 5Appeal to the District Court

Common Questions

Frequently Asked Questions

What is the difference between a police restraining order and a court protection order?
A police restraining order is issued by a police officer for up to 15 days (30 for contact prohibition) as part of the criminal process. A protection order is issued by the Family Court under the Prevention of Family Violence Law for up to 3 months (extendable), and requires a higher evidentiary threshold.
What is required to vacate an existing protection order?
A motion to vacate must be filed with the issuing court, presenting a full factual foundation showing the petition was filed with extraneous motives or lacks genuine basis. If denied, an appeal to the District Court is available.
Can a protection order be issued ex parte?
Yes, in urgent cases with serious circumstances, the court may issue a protection order ex parte, with a hearing of both parties scheduled soon after. The petitioner must still present an evidentiary foundation even in this expedited proceeding.

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