Divorce law firms are handling thousands of cases involving orders of protection each year in US. This is necessary to preserve property and help maintain safety. But in countless cases, there are false orders of protections encountered where the protection were used to gain the strategic value to win a divorce battle.
Now the problem may arise from different angles:
- Getting request granted for exclusive use and occupancy by the home owner
- Intentional delays by Divorce Law firm
- Obtaining the order of protection for offending spouse
More often the family lawyers get unfair requests from spouses who want the other spouse to leave the home. This is called request for exclusive use and occupancy. During the course of a divorce getting other spouse out of the house might be a tough task. Hearing of divorce may take prolonged years depending upon the firm’s experience and quality of staffs. But again difficult situation for litigants or the appellants who must live with each other till the court decision is released. Most of the time, the request to the Supreme Court gets overlooked in 95% cases.
Unless there is a deep concern about forthcoming threat to the safety and well being of the children or an aggravated circumstance rose, a hearing regarding the exclusive use and occupancy of the marital residence can not be held. If any hearing is fixed up it would take several months time after the request is made. Moreover the final decision would be taken after couple of months. Thus it would take long 4-5 months in total. Such a long period is very untenable for the couples undergoing a divorce.
To obtain the orders of protection offending spouse have to make an application in the family court. If genuine emergencies are there, the judge may immediately issue an order of protection. Here the offending spouse would not be needed to return to the marital residence or stay away from complaining children. In all such emergencies, finding a good family lawyer would be a justified decision.
Whom to Contact:
A Long Island Family Lawyer, who would take care of all divorce related issues in Long Island and also look after order of protection issues.