How do I get an Order of Protection?
An Order of Protection is a court order requiring a person to refrain from doing certain acts against another person. If you are a victim or a witness, you should contact the District Attorney’s office. In District Court, a criminal action must be filed with the court (which usually means the defendant was arrested or given an appearance ticket, and the complaints were filed with the court by the police). A victim or witness may request an order of protection when the person is arraigned – the District Attorney in the courtroom will need to know before the arraignment that you want an Order of Protection. If you need an Order of Protection and the person was issued an appearance ticket (released from the police and told to appear on a future date for arraignment in court), get a copy of the police report and complaint from the officer or the precinct, and inform the police that you want an Order of Protection. The police will need to file paperwork with the court before you can get an
You can get an Order of Protection by filing a Petition for an Order of Protection in a civil court. If you go to a civil court, the domestic abuser will not be arrested or sentenced to jail.You can also report the domestic abuse to the police. The State’s Attorney may bring criminal charges against the abuser. The State’s Attorney can then get an Order of Protection for you in the criminal court. You can also make a police report about the domestic abuse even if you do not want to press criminal charges against the abuser.There is no fee charged for an Order of Protection.
Orders of Protection – New York Domestic Relations Law ‘ ‘ 240 and 252 The Domestic Relations Law provides that the Supreme Court must entertain an application for an order of protection or temporary order of protection by either party in an action for divorce, separation or annulment or in an action to declare the nullity of a void marriage in the Supreme Court. The Domestic Relations Law authorizes the Supreme Court to issue orders of protection where a A family offense@ has been committed. The Supreme Court= s authority under Domestic Relations Law ‘ 252 is limited to actions for divorce, separation or annulment or an action to declare the nullity of a void marriage, which are actions to dissolve an existing relationship. The Supreme Court= s authority under Domestic Relations Law ‘ 240 extends to actions or proceedings to obtain by writ of habeas corpus or by petition and order to show cause the custody or right to visitation with any child of the marriage, in addition to action fo
An order of protection can be obtained from the Circuit Court Clerk or from Chancery Court. Elinor Foster is our Circuit Court Clerk and her phone number is 931-359-0536. You can also obtain one from Chancery Court. Their phone number is 931-359-2181. Please feel free to call them with any questions you may have.
