New York Order of Protection Frequently Asked Questions

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Last Updated on: 26th September 2023, 09:18 pm

New York Order of Protection Frequently Asked Questions

Orders of protection can be confusing. This article answers common questions people have about getting an order of protection in New York.

What is an order of protection?

An order of protection is a court order that limits the behavior of someone who harms or threatens to harm you. It is used to address safety issues like domestic violence. The order lists actions the other person cannot do, like contact you. If they break the order, they can be arrested.

What types of courts issue orders of protection?

Family Courts, criminal courts, and Supreme Courts in New York can all issue orders of protection^[1]. Each has a slightly different process:

• A Family Court order is requested directly by the victim in a civil proceeding.
• A criminal court order is requested by the prosecutor as a condition of the defendant’s release or bail.
• A Supreme Court order can be requested in divorce or custody cases.

What can an order of protection include?

An order of protection commonly includes^[3]:

• A stay-away provision requiring the restrained person to keep distance from you, your home, job, etc.
• No contact, meaning no phone calls, texts, social media, or contact through others.
• Custody and visitation rules with children.
• Requiring the restrained person to attend counseling or substance abuse programs.
• Prohibiting the restrained person from possessing firearms.

The order can include other terms needed to keep you safe.

How do I request a Family Court order of protection?

To get a Family Court order^[2]:

1. File a petition describing the threats or abuse. Be detailed with dates, locations, injuries.
2. The court provides forms to file. Clerks can assist you.
3. You’ll get a temporary order effective until the court hearing.
4. Have the restrained person “served” by handing them the order.
5. Attend the court hearing where the judge may issue a final order.

What if the restrained person violates the order?

If the restrained person violates the order, call the police immediately. Violating an order is a crime and they can be arrested. Keep evidence like threatening texts. An experienced criminal defense lawyer can help if you are accused of violating an order.

How long does an order of protection last?

Family Court orders typically last up to one year, but can be extended^[6]. Criminal court orders last up to five years for felonies, or up to three years for misdemeanors. Orders can be modified or terminated by the court.

Will an order show up on a background check?

Criminal court orders are public record and will show up in background checks. Family Court orders are sealed unless the judge authorizes public access.

What if I need an order against an abusive family member?

You can request a Family Court order against a family member like a spouse, parent, sibling, etc. The order can also protect your children.

What if I’m not a US citizen?

Citizenship or immigration status does not matter. You can get an order regardless of your status.

What if I have a disability?

Courts must provide accommodations if you need assistance due to a disability. Let the court clerk know if you need help.

Can I request an order myself?

Yes, you can request an order on your own without a lawyer. Court clerks can provide forms and basic assistance. Having a lawyer helps ensure it’s done right.

What if I’m LGBTQ?

Courts issue orders regardless of sexual orientation or gender identity. Anti-LGBTQ bias should be reported.

What if I’m a teen seeking protection?

Teens under 18 can seek orders of protection. The court considers the teen’s wishes along with other factors.

What if I’m an immigrant?

Immigration status does not prevent you from getting an order. Information is kept confidential from immigration authorities.

What if I need to protect my pets?

Orders can include provisions to protect pets from harm by requiring the abuser to stay away from them.

What if I have a low income?

You can request your court fees be waived if you have low income. Some lawyers work for free or reduced costs.

What if I’m in the military?

Service members can request orders from civilian courts. The military may also issue no contact orders.

What if I live on tribal lands?

Tribal courts may be able to issue protection orders. You can also go to state courts.

What if I’m in an abusive same-sex relationship?

Courts issue orders regardless of the genders of the parties. Anti-LGBTQ bias should be reported.

What if my partner threatens to out me?

Threatening to reveal someone’s LGBTQ status can qualify as grounds for an order of protection.

What if I have a conviction record?

Even people with criminal records have the right to seek an order of protection for their safety.

 

References

1. Obtaining An Order of Protection – New York State Unified Court System
2. Domestic Violence (Family Offense) | NYCOURTS.GOV – Unified Court System
3. New York Order of Protection Frequently Asked Questions | NY Criminal Defense Lawyer
4. New York Restraining Orders: FAQ | NY Criminal Lawyers Saland Law
5. New York Orders of Protection and Restraining Order: Frequently Asked Questions Part I
6. Restraining Orders: Steps for obtaining an order of protection | WomensLaw.org