Orders of Protection in Buffalo, NY

Expert Legal Representation for Protection Orders and Domestic Violence Defense

Whether you need protection from an abusive family member or partner or you're facing false accusations of domestic violence, Gabriele Law PLLC provides experienced legal representation when your safety, freedom, and future are at stake. Our boutique family law practice understands the sensitive nature of domestic violence cases and provides compassionate, aggressive advocacy for clients throughout Buffalo and Western New York.

Understanding Orders of Protection in New York

An Order of Protection is a legal document issued by a court to protect individuals from harassment, abuse, threats, or violence by family members, intimate partners, or household members. In New York State, these orders are also known as restraining orders or protective orders.

Orders of Protection can require the respondent to:

  • Stay away from the protected person and their home, workplace, or children's school

  • Stop all contact, including phone calls, texts, emails, and social media

  • Move out of a shared residence

  • Surrender firearms and weapons

  • Pay child support or spousal support

  • Attend counseling or anger management programs

Two Sides of Orders of Protection Cases

At Gabriele Law PLLC, we represent clients on both sides of Orders of Protection proceedings, providing skilled legal advocacy whether you need protection or are defending against accusations.

Obtaining Orders of Protection

Do you need assistance in obtaining Orders of Protection against a family member, prior intimate partner, or spouse? We can help.

If you're experiencing domestic violence, harassment, or threats, obtaining an Order of Protection may be essential for your safety and the safety of your children. Our experienced attorneys guide you through the legal process with sensitivity and determination.

Who Can Obtain an Order of Protection?

  • Spouses and former spouses

  • People who have dated or been intimate

  • Family members related by blood or marriage

  • People who have lived together

  • People who have a child together

Types of Orders of Protection Available:

  • Temporary Orders: Immediate protection while the case is pending

  • Final Orders: Long-term protection after a court hearing

  • Full Stay Away Orders: Complete prohibition of contact

  • Limited Orders: Allowing contact for specific purposes (child custody exchanges)

Our Comprehensive Legal Services

Obtaining Orders of Protection

  • Emergency protection order applications

  • Temporary order of protection petitions

  • Final order of protection hearings

  • Order modifications and extensions

  • Violation enforcement assistance

  • Safety planning and resources

Defending Against Orders of Protection

  • Immediate response to emergency orders

  • Investigation of allegations and evidence gathering

  • Witness interviews and testimony preparation

  • Cross-examination of accusers

  • Negotiation of limited or modified orders

  • Appeals of unfavorable decisions

Related Family Court Matters

  • Child custody proceedings involving domestic violence

  • Supervised visitation arrangements

  • Modification of existing custody orders

  • Divorce proceedings with protection orders

  • Property division with safety considerations

Defense Against Orders of Protection and False Accusations

If you are involved in an acrimonious divorce, child custody battle, or even a bitter breakup with a jealous and spiteful partner, then he or she may accuse you of domestic violence to "get even." The mere accusation can stigmatize you because the police are duty-bound to arrest you and the charge is a highly inflammatory one.

Immediate Consequences of False Accusations:

  • Arrest and potential jail time

  • Removal from your home

  • Separation from your children

  • Public embarrassment and stigma

  • Employment complications

  • Restrictions on gun ownership

Long-Term Consequences if Convicted:

  • Permanent criminal record

  • Loss of professional licenses and certifications

  • Difficulty finding employment

  • Immigration consequences for non-citizens

  • Custody and visitation restrictions

  • Firearm ownership prohibition

Professional Licenses at Risk

Not only does an allegation of domestic violence threaten you with jail time and a criminal record, but you will also be forced to stay away from your home once an Order of Protection is issued, leaving behind your children. If you are convicted, then other collateral consequences include loss of professional licenses and certifications.

This makes domestic violence charges especially devastating for:

  • Educators such as teachers and university professors

  • Attorneys and legal professionals

  • Doctors and nurses and other healthcare workers

  • Police officers and law enforcement personnel

  • Members of the military and security personnel

  • Financial professionals requiring licensing

  • Real estate agents and brokers

  • Childcare workers and social workers

The Legal Process for Orders of Protection

Initial Application (Ex Parte) When someone applies for an Order of Protection, the court may issue a temporary order without hearing from the accused person. This provides immediate protection while the case proceeds.

Service of Process The accused person must be officially served with court papers, including the temporary order and notice of the hearing date.

Court Hearing Both parties have the opportunity to present evidence and testimony before a Family Court judge. This is where skilled legal representation becomes crucial.

Final Order Decision The judge determines whether to issue a final Order of Protection, dismiss the case, or modify the temporary order based on the evidence presented.

Building a Strong Defense Strategy

For all of these reasons, if you have been accused of domestic violence, then you need to hire an experienced criminal defense attorney to fight for your rights and your freedom aggressively. Our attorneys will present your side of the alleged events and uphold your rights in court so that you benefit from the highest degree of legal support possible.

Our Defense Approach Includes:

  • Immediate Response: Quick action to protect your rights and interests

  • Thorough Investigation: Gathering evidence, interviewing witnesses, and building your case

  • Strategic Planning: Developing the most effective defense strategy for your situation

  • Aggressive Advocacy: Presenting compelling arguments and evidence in court

  • Damage Control: Minimizing consequences to your personal and professional life

Evidence and Documentation

For Those Seeking Protection:

  • Medical records documenting injuries

  • Photographs of injuries or property damage

  • Police reports and 911 call records

  • Text messages, emails, or voicemails containing threats

  • Witness statements from friends, family, or neighbors

  • Documentation of previous incidents

For Those Defending Against Accusations:

  • Alibi evidence and witness testimony

  • Text messages or communications showing context

  • Evidence of the accuser's motivation to lie

  • Character witness testimony

  • Professional records and community standing

  • Documentation of mental health or substance abuse issues by the accuser

Safety Planning and Resources

If You're Seeking Protection: Your safety is our primary concern. We work with local domestic violence organizations and law enforcement to develop comprehensive safety plans that protect you and your children during and after legal proceedings.

Emergency Resources:

  • National Domestic Violence Hotline: 1-800-799-7233

  • Local Buffalo domestic violence services

  • Emergency shelter information

  • Safety planning assistance

  • Counseling and support services

Why Choose Gabriele Law PLLC for Orders of Protection?

Experienced Family Law Advocacy Our boutique practice focuses on family law matters, giving us deep expertise in Orders of Protection cases and related domestic relations issues.

Compassionate Representation We understand the emotional trauma involved in domestic violence cases and provide supportive, non-judgmental legal advocacy.

Aggressive Defense A domestic violence charge can destroy a person's personal and professional life, but the right attorneys will put their extensive training and experience to work for you.

Local Court Knowledge Our familiarity with Buffalo Family Court judges, procedures, and local law enforcement ensures effective representation tailored to the local legal environment.

Comprehensive Approach We address not only the immediate Order of Protection issue but also related family law matters such as custody, divorce, and property division.

Frequently Asked Questions

Q: How long does an Order of Protection last? A: Temporary orders typically last until the court hearing (usually within 10 days). Final orders can last up to two years and may be extended in certain circumstances.

Q: Can an Order of Protection be dropped or dismissed? A: While the protected person cannot simply "drop" an order, they can request dismissal. However, the court makes the final decision based on safety concerns and evidence.

Q: What happens if someone violates an Order of Protection? A: Violating an Order of Protection is a crime that can result in arrest, criminal charges, and jail time, even if the protected person consented to the contact.

Q: Can I have contact with my children if there's an Order of Protection against me? A: Orders can be crafted to allow supervised visitation or specific contact for child-related matters, depending on the circumstances and court's findings.

Q: Will an Order of Protection appear on background checks? A: Orders of Protection are civil matters, but violations and related criminal charges will appear on criminal background checks.