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Orders of Protection

Orders of Protection in New York

Orders of Protection are issued by a Judge to protect you from another person who is abusing, threatening, intimidating, harassing or committed a crime against you. These orders are typically issued in cases that involve domestic violence, but of course, may be issued under other circumstances as well. Orders of Protection may be "full" or "limited".

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An Order of Protection can require a person to stay away from you, your home, your school, and work. It can also prohibit specific types of contact, or contact in its entirety. There can be exceptions to this, such as arranging child visitation. Essentially, the Order will prohibit a person from committing crimes against the Petitioner or doing anything offense against the Petitioner.

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Types of Orders of Protection

1. Family Court Order of Protection: This Order is issued by Family Court to stop violence that is occurring within the family or an intimate partner. This process is started by filing a Family Offense Petition in Family Court. Your relationship to the person you are seeking protection against must be in at least one of the following categories:

  • Current or former spouse.

  • Someone with whom you have a child in common.

  • A family member to whom you are related by blood or marriage.

  • Someone with whom you have, or have had, an 'intimate relationship.' (An intimate relationship does not necessarily mean a sexual relationship. Family Court will consider several factors such as, but not limited to: "how often you see each other or how long you have known each other."

 

2. Criminal Court Order of Protection: an Assistant District Attorney may request a Criminal court Order of Protection on your behalf. Unlike the above, you do not need to have an intimate or personal relationship with the person charged. The Judge will decide whether to issue the Order of Protection, along with the terms and conditions of the order.

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3. Supreme Court Order of Protection: A Supreme Court Order of Protection can be issued as a part of a divorce or criminal proceeding. If you have a divorce that is ongoing and seek an Order of Protection, you must make a written request by a Motion or Order to Show Cause, or an oral request during a court appearance (it is best to have an Attorney do this on your behalf). The Judge will decide whether or not to issue the Order of Protection, along with the details of the order.

 

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How long does an Order of Protection last?

The court an issue a temporary Order of Protection while the case is ongoing. It has an expiration date but can be renewed as the case continues. At the end of the case, the court can issue a permanent Order of Protection. Typically these last one year, but can last up to five years in certain situations.

 

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 48 Years of Accumulated Practice

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