Latest / BSPE Legal Marketing Podcast / How Do Orders of Protection Work in LGBTQ+ Divorce Cases in New York? - Juan Luciano

Transcript

How Do Orders of Protection Work in LGBTQ+ Divorce Cases in New York? - Juan Luciano · BSPE Legal Marketing Podcast

• 0:00
  How Do Orders of Protection Work in LGBTQ+ Divorce Cases in New York?
• 0:04
  When safety becomes a concern during a divorce, the law provides a path forward — and for LGBTQ+ spouses in New York, that path carries the same legal weight as it does for anyone else.
• 0:14
  A same-sex spouse can seek an order of protection during a New York divorce under the same legal protections that apply to any other spouse going through the process.
• 0:24
  Depending on the circumstances, an order can address contact, safety, the shared home, custody, and other temporary issues while the divorce is still pending before the court.
• 0:34
  Narrator: Three courts in New York can issue orders of protection: Family Court handles civil family offense cases, Supreme Court can issue an order within a pending divorce, and Criminal Court can issue orders tied to a criminal proceeding.
• 0:47
  Narrator: Family Court Act Section 812 covers spouses, former spouses, people with a child in common, and those who are or have been in an intimate relationship, which can include unmarried partners who were never legally married.
• 1:01
  Narrator: LGBTQ+ survivors can still face very real practical barriers when seeking protection, including bias from service providers, relationship stereotypes, and the threat of being outed as a form of control by an abusive partner.
• 1:13
  Narrator: New York judicial conduct rules prohibit judges from showing bias based on sexual orientation, gender identity, or gender expression, and current court guidance treats the use of a person's name and pronouns as a best practice.
• 1:26
  Narrator: For those filing in the Bronx, a family offense petition begins at Bronx County Family Court at 900 Sheridan Avenue, where cases involving protective relief must be heard the same day they are filed or the next day the court is open.
• 1:38
  Narrator: A temporary order can be issued ex parte — meaning before the other spouse is even heard — if the judge finds good cause, and it can include stay-away requirements, restrictions on contact, and even temporary custody terms.
• 1:51
  Narrator: A final order of protection, entered after fact-finding or by consent, can remain in effect for up to two years or up to five years when the court makes specific findings required under Family Court Act Section 842.
• 2:04
  Narrator: If a divorce is already pending in Bronx County Supreme Court, protective relief can also be requested within the matrimonial case itself through a motion or order to show cause, keeping everything coordinated in one proceeding.
• 2:16
  Narrator: Attorney Juan Luciano is a dedicated divorce lawyer who represents clients facing safety concerns during separation and divorce, helping them navigate filings, hearings, and protective requests alongside their divorce case.
• 2:27
  Narrator: This law firm approaches every case with an understanding of the unique challenges LGBTQ+ clients face, offering thoughtful and informed representation throughout the entire legal process.
• 2:38
  Narrator: As a trusted attorney serving clients across New York City, Juan Luciano works to ensure that every client understands their rights, their options, and the steps required to protect themselves and their family.
• 2:49
  Narrator: To discuss your options and get the protection you need, call Juan Luciano Divorce Lawyer - Bronx at 718, 519, 8336, located at 187 E 163rd St, Bronx, NY 10451, United States, and schedule your consultation today.