What is a Temporary Restraining Order in New York
There might come a time when you need to file for a temporary restraining order (TRO) for issues that arise involving your children. The goal of a temporary restraining order is to prevent the subject of the order from interacting with you and/or your children. If approved by the court, the TRO will take effect immediately and can lead to jail if violated. If you are in need of a TRO, let the Law Office of Vivien I. Stark, P.C., file on your behalf in the New York courts.
A TRO is an “Ex Parte” Action
A TRO is considered an “ex parte” action in New York, meaning that your attorney can represent you in court without notifying the other person involved in the case. Because the situation is likely serious or dangerous enough to warrant a TRO, the court does not require the subject of the TRO to be present when issuing the TRO.
A TRO can be filed against anyone who had an intimate relationship with you. Intimate is defined by the New York courts as someone who is a:
- Former spouse
- Former live-in partner
- Your adult child
- A sibling
- A parent
- A coworker
When you have questions about TROs or wish to file one against someone in your life, it is in your best interest to speak with an experienced family law attorney about the case. An attorney can file the request on your behalf without notifying the defendant.
Why You Should Work With an Attorney to Request a TRO
It is important that you work with an attorney when requesting a TRO in New York. An attorney understands the law, the requirements for filing the request, and how to present the right evidence to the judge. You do not want to attempt this request on your own as the slightest mistake could lead to the judge denying the TRO.
At the Law Office of Vivien I. Stark, P.C., our New York family law attorney understands the seriousness of a TRO and how it can protect you and your children. Talk to an attorney today about the help you can receive when requesting a TRO from the courts.
Consequences of Violating a TRO in New York
Should the defendant named in the TRO violate its terms, they could face any of the following consequences:
- Jail time
- Extension of the TRO
- Conversion of the TRO to a permanent one
If the defendant is involved in a legal proceeding, such as a child custody battle or a divorce, the violation of the TRO can be presented as evidence in court to convince the judge that the defendant should not be awarded custody or certain assets in the divorce.
Call a New York Family Law Attorney Today
Do you have questions about TROs in New York? If so, it is time to speak with a New York family law attorney about your situation. Call the Law Office of Vivien I. Stark, P.C., or submit the contact form to schedule a consultation today.