Orders of Protection: What You Need to Know
If you're experiencing threats, harassment, or violence from a family member or someone with whom you've had a close relationship, you may be wondering whether an order of protection is appropriate. Likewise, if you've been served with an Order of Protection, it's important to understand what it means and what happens next.
Here's what every New Yorker should know.
What Is an Order of Protection?
An Order of Protection is a court order that restricts the behavior of one person to help protect another person from harm, threats, harassment, or intimidation. The purpose is to help prevent future harm while allowing the court to address the underlying legal issues. There are different types of relief that an Order of Protection can provide. Depending on the facts of the case, an Order of Protection may require someone to:
- Stay away from your home, workplace, or school
- Have no contact with you by phone, text, email, or social media
- Refrain from threatening, harassing, or assaulting you
- Move out of a shared residence
- Surrender firearms when required by law
What Types of Orders of Protection Are Available?
New York recognizes several types of Orders of Protection, depending on where the case is filed.
Family Court Orders of Protection are civil orders that may be available when the parties are current or former spouses, relatives, people who share a child, or individuals who have had an intimate relationship. These cases begin by filing a Family Offense Petition.
Criminal Court Orders of Protection are issued in connection with a criminal prosecution and generally arise after someone has been charged with a crime.
Supreme Court Orders of Protection may be requested during an ongoing divorce proceeding.
How Do You Obtain an Order of Protection?
The process for obtaining an Order of Protection depends on the court involved and the relationship between the parties. In Family Court, an individual may file a Family Offense Petition requesting protection from the court. These can be for situations involving current or former spouses, parents of the same child, family members related by blood or marriage, and individuals who have or previously had an intimate relationship. If the judge determines there is sufficient cause, a temporary order of protection may be issued while the case is pending. The court will then schedule future proceedings where both parties have the opportunity to be heard before deciding whether to issue a final order.
Every case is unique, and the legal requirements can vary based on the specific facts.
If you've been served with an order of protection, it is important to read it carefully and comply with every condition. Violating an order of protection can have serious legal consequences, including possible criminal charges.
Why Legal Representation Matters
Whether you are seeking an order of protection or responding to one, these proceedings can have significant consequences. Orders of protection may affect custody, parenting time, living arrangements, and future court proceedings.
An experienced family law attorney can explain your rights, help you prepare your case, and advocate for your interests throughout the process.
If you have questions about obtaining or defending against an order of protection in Suffolk County, speaking with an experienced family law attorney can help you understand your options and protect your legal rights.