What is an Order of Protection?
Filing for an Order of Protection is based on a two-fold test. The first is your relationship with the defendant and second is whether or not a domestic violence crime has been committed: If both do not apply, then you would file an Injunction Against Harassment. Relationship includes: Your current or former spouse Someone with whom you live or have lived One party is pregnant by the other party or someone whom you have a child in common Your relative, or your current spouse’s relative Domestic Violence includes: Assault Aggravated Assault Child or Vulnerable Child Abuse Criminal Damage Criminal Trespass – first, second, third degree Crimes Against Children Custodial Interference Disorderly Conduct Endangerment Kidnapping Threatening & Intimidation Unlawful Imprisonment You must tell the Court if there are any Court proceedings regarding the defendant’s conduct toward you or any other court orders in effect. It does not matter if the Court proceedings are going on now, or if they happe
An order of protection is a court order that is designed to stop violent and/or harassing behavior and to protect you and your children from an abuser. An order of protection can also force an abuser to stay away from you and your children and to have no communication with you. In NY, you can get an order in family court, criminal court, or supreme court. Read: Who can get an Order of Protection and in which court – family, criminal or supreme? In family court, a final order of protection may last up to five years, depending on the facts of your specific case. Usually the order will be granted for up to 2 years but if the judge determines that one or more “aggravating circumstances” exist, you can request that your order last for up to five years. Aggravating circumstances include physical injury or serious physical injury, the use of a dangerous instrument (including a weapon), a history of repeated violations of prior orders of protection by the abuser, prior convictions for crimes a
An order of protection is a document issued by a court that may help protect you from harassment or abuse. In an order of protection, a judge can set limits on your partner’s behavior. Among other things, judges in all courts (Criminal, Family and Supreme courts) can: • order your partner to leave and stay away from your home, your workplace, and your family (this is called a “stay-away” provision); • order your partner to stop abusing you, your children, and your pets; and • order your partner to have no contact with you – including no phone calls, letters, e-mails, or messages through other people. Once an order of protection is issued, only a judge can change it. If the order includes a stay away provision and your partner comes to your house, he is violating the order and should be arrested. You may feel there is a good reason for him to be at your house, such as making a home repair or being there for a child’s birthday, but having him there would put him in violation of the order
