Buffalo, NY asked in Domestic Violence, Divorce and Family Law for New York

Q: If I get an order of protection against my wife, can I “sit on it” until she acts out and gets abusive again?

I am getting ready to Divorce my wife after her affair and abuse towards our children and myself. divorce my wife after her affair and abuse towards our children and myself.

I was advised to get an order of protection before serving her with papers.

Is the order of protection affective date it is finalized? Or could I “sit on it” Until she acts out and gets abusive or until the papers are finalized for divorce?

1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: An Order of Protection is not effective until it is served so she cannot be arrested until after service. Additionally, your wife has to be served with the request for an Order of Protection and she has a right to be heard on the issue.

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