Orders of Protection

Who can I file a Family Offense Petition against?

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.

How can I get an order of protection?

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.

What if I didn’t call the police?

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.

What is a Family Offense Petition?

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:

• Disorderly conduct
• Harassment
• Aggravated harassment
• Menacing
• Reckless endangerment
• Assault or attempted assault
• Stalking
• Criminal mischief

What happens when I file a family offense petition?

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.

What does the Order of Protection say?

A final order of protection may include the requirement that the respondent:

• Stay away from the petitioner and any children involved
• Pay reasonable counsel fees of the petitioner
• Participate in a batterer’s education program
• Pay petitioner’s medical bills for injuries sustained as a result of the abuse
• Stay away from the home, school, or place of employment of the petitioner and any children involved
• Refrain from committing additional family offenses or acts that endanger the welfare of other family members
• Be permitted to remove personal property from a shared residence at a time designated by the court
• Be permitted to visit with any children at court designated times and places
• Refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept, or held by the petitioner or a minor child residing in the household.

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