In some divorce cases, particularly those involving domestic violence or threats of harm, obtaining a restraining order or protective order may be necessary to ensure the safety and well-being of one or both parties. While the primary concern is protecting individuals from potential harm, there are also additional costs associated with obtaining these legal orders in New York.
Types of Protective Orders
In New York, there are two main types of protective orders that may be relevant in a divorce case:
Temporary Order of Protection:
Issued by a family court or criminal court, this order provides immediate, but temporary, protection from abuse, harassment, or threats.
Final Order of Protection:
Issued by a family court or criminal court after a full hearing, this order provides longer-term protection, typically for a period of one to five years.
Court Fees
There are generally no direct courts. How much does a Divorce cost New York fees for obtaining a temporary or final order of protection in New York. However, there may be associated costs, such as:
Filing Fees:
If the protective order is sought as part of a larger divorce or family court case, there may be filing fees for the initial petition or complaint.
Service Fees:
If the respondent must be served with the order, there may be fees for hiring a professional process server.
Attorney’s Fees For many individuals seeking a protective order, retaining legal representation is highly recommended, especially in the context of a complex divorce case. Attorney’s fees can vary significantly depending on factors such as:
Hourly Rate:
Attorneys in New York, particularly in urban areas like New York City, can charge hourly rates ranging from $200 to $600 or more.
Case Complexity:
More complex cases involving extensive evidence, multiple court appearances, or appeals may result in higher overall legal fees.
Experience and Reputation:
Highly experienced attorneys or those with specialties in domestic violence cases may command higher fees.
Additional Legal Costs Aside from attorney’s fees, there may be additional legal costs associated with obtaining a protective order, such as:
Court Appearances:
If multiple court appearances are required, there may be costs related to travel, parking, and time away from work.
Evidence Gathering:
If expert witnesses, private investigators, or specialized evidence gathering is required, there may be additional costs.
Appeals:
If the initial order is denied or appealed, there may be additional legal fees and court costs.
Enforcement Costs Obtaining a protective order is only the first step; ensuring compliance and enforcement can also incur additional costs, such as:
Law Enforcement Involvement:
If the respondent violates the order, law enforcement may need to be involved, resulting in potential fines or legal fees.
Contempt Proceedings:
If the respondent repeatedly violates the order, contempt of court proceedings may be necessary, leading to additional legal fees and court costs.
Financial Assistance For individuals with limited financial resources, there may be options for obtaining financial assistance or pro bono legal services for protective orders, including:
Legal Aid Organizations:
Many non-profit organizations provide free or low-cost legal services for domestic violence victims and those seeking protective orders.
Court-Appointed Attorneys: In some cases, the court may appoint an attorney at no or reduced cost for those who qualify based on income and assets.
Victim Compensation Funds: Some states, including New York, have victim compensation funds that may cover certain costs related to domestic violence and protective orders.
While the primary goal of obtaining a restraining order or protective order is to ensure safety and security, there are various costs that can accumulate throughout the process. It is essential for individuals seeking these orders to understand the potential expenses and explore available resources for financial assistance or pro bono legal services.
