How to Get an Order of Protection in New York
A clear overview of Family Court and Criminal Court Orders of Protection in New York.
Understanding New York Orders of Protection
Types of Orders of Protection
In New York, orders of protection can be issued through two main courts:
- Family Court: Usually handles cases involving family members or people with a close personal relationship.
- Criminal Court: Often issues orders related to criminal charges like assault or harassment.
Who Can Request an Order
People who have experienced abuse, threats, or harassment may ask the court for an order of protection. This can include partners, family members, or others involved in certain close relationships.
Temporary Orders and Hearings
When someone files for an order, the court may first issue a temporary order to provide immediate protection. This happens before both sides meet at a hearing.
After the temporary order, a hearing is scheduled where both the person asking and the other party can share information. The judge then decides if a longer-term order is needed.
It is important the temporary order is properly delivered ("served") to the person it restricts so they are aware of the protections.
Common Protections in Orders
Orders of protection often include limits on contact, such as:
- Not communicating or coming near the protected person
- Staying away from certain locations like home or work
- In some cases, turning over weapons or staying out of the home
Duration of Orders
Orders can last for varying lengths of time, sometimes weeks or months, and can be extended or modified by the court depending on circumstances.