An order of protection can also be referred to as a restraining order.
An Order of Protection is a court order that tells one person what he/she cannot do to another person, or what contact is allowed.
An order of protection can also be referred to as a restraining order.
An Order of Protection is a court order that tells one person what he/she cannot do to another person, or what contact is allowed.
According to NY court website 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. It may include, but is not limited to, directing him/her to:
For the purpose of filing a family offense petition, “family members” are defined as individuals related by blood or marriage, individuals who were formerly married, individuals who you have had an intimate or dating relationship or individuals who are unrelated but have a child together.
If there is a criminal offense committed, law enforcement can arrest the perpetrator. When the defendant goes into court for an indictment, the judge can put a criminal court order into place, advising them to stay away from the victim.
Our advocates can talk with you to discuss your situation and help you decide whether an order of protection is something that will be helpful. If so, your advocate can file a Family Offense Petition with you.
A family offense petition is filed when a family member claims that another family member committed one of the following acts against another family member:
After you and your advocate have filed the Family Offense Petition, they will go with you to the court house to file the petition and sit with you while you wait for the judge to look at the petition and decide whether there is enough in the petition to grant the order. The judge will grant the order of protection and 1 of 3 things can happen:
1. If you and the respondent are living in the same home the judge may grant a vacate order requesting that the respondent be removed from the home. In this case when the officer comes to the home to serve the OP, the respondent will have 15-30 minutes to remove their personal belongings and leave the property.
2. The judge will grant a full stay-away OP, this will order the respondent to stay away from the victim, their home, or wherever they may be.
3. The judge may grant a non-offensive OP, thisI will order the respondent to refrain from committing any of the family offenses, however, the parties are still allowed to be around each other.
A final order of protection may include the requirement that the respondent:
For more information about court petitions or to print petitions before coming in to meet with a case manager please visit http://www.nycourts.gov