What is an Order of Protection?
An Order of Protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence. Family Courts, Criminal Courts, and Supreme Courts can all issue orders of protection.
An Order of Protection may direct the offending person not to injure, threaten or harass you, your family, or any other person(s) listed in the order.
How Can I get an Order of Protection?
Family Court
Family Court judges can issue an order of protection when a family offense is committed by someone with whom:
- You are related to by blood or marriage,
- You are or were legally married to,
- You have a child in common with,
- You are or were in an intimate relationship with (not casual, social, or business acquaintances).
The types of orders issued by the court are “Refrain from” or “limited orders,” where the parties can have contact but must refrain from committing family offenses or criminal offenses (like harassing, assault, stalking, etc.), and “Stay-away” or “full orders,” the parties must “stay away” and have no contact directly or through third parties.
Criminal Court
If the abusive partner was arrested, a judge can issue an order of protection during arraignment. This order will be temporary until the case is resolved. A “final” order of protection may be granted as a part of a plea deal or sentencing.
Supreme Court
A Supreme Court judge can issue an order of protection as a part of a divorce order.
📜 Read more about Family Court Orders of Protection
Requests for an order of protection through Family Court are submitted to the Family Court Clerk’s office. A SACFL advocate can guide you through this process, but you can also file alone. The process is similar for custody, visitation, and child support.
If there is good cause, the judge will issue a temporary order of protection. There will be a future court date to determine if the order of protection will remain in place. Both parties must be at this future court date.
The other person must be served with the order of protection by police for it to be valid.
🏛️ Read more about Family Offenses
In New York, a Family Offense is a crime committed by someone against a family member or intimate partner, defined by the relationship and the act which can lead to Family Court proceedings and Orders of Protection. It involves specific criminal acts occurring within a domestic context, having a lower burden of proof than criminal court.
The criminal acts which can define a Family Offense include:
- Disorderly conduct
- Harassment
- Assault
- Sexual abuse
- Menacing
- Reckless endangerment
- Strangulation
- Stalking
- Criminal mischief
What happens if an Order of Protection is violated?
It is a crime to violate a temporary or final Order of Protection. If the subject of the order of protection does not obey the order, then you can call the police. The police may arrest the individual for violating the order of protection.
The individual does not have to physically assault you to violate the Order. If the individual comes to your home and the order says they can’t, then you can call the police. You also have the right to file a violation of the order in Family Court. Filing a violation in Family Court usually will not result in arrest of the individual who has violated the Order. You can choose to go to Family or Criminal Court, or both.
How can you help me obtain an Order of Protection?
Requests for an Order of Protection through Family Court are submitted to the Family Court Clerk’s office. The process is similar for custody, visitation, and child support. In working through us, we assist in your self-advocacy by helping you file a petition in your own words. In some cases, additional evidence you provide will support your claim. We can help you prepare these for effective presentation.
If there is good cause, the judge will issue a temporary Order of Protection. There will be a future court date to determine if the Order of Protection will remain in place. Both parties must be at this future court date. The other person must be served with the Order of Protection by police for it to be valid.
As with any legal maneuvers during episodes of domestic violence, there is always a risk of escalation. We will advise you of how to proceed in a way that puts the safety of you and your loved ones first.