How do I get an order of protection entered into the New York State Family Protection Registry?

How to Get an Order of Protection in the NY Family Protection Registry

If you or a loved one is experiencing domestic violence, an order of protection can provide important legal protection. This article explains how to get an order of protection in New York and have it entered into the statewide registry.

What is an Order of Protection?

An order of protection is a court order designed to stop violent and threatening behavior. It typically requires the abuser to:

• Stay away from the victim
• Refrain from further abuse
• Follow any other court-ordered mandates

If the abuser violates the order, they can face criminal charges and jail time.

Types of Orders of Protection in NY

There are a few different types of orders of protection in New York:

• Family Court Order – Issued as part of a civil proceeding for domestic violence. Does not require criminal charges.
• Criminal Court Order – Issued as a condition of bail/release in a criminal case. Requires arrest of the abuser.
• Supreme Court Order – Issued as part of divorce or child custody cases.

Family Court is often the easiest way for domestic violence victims to get an order without involving criminal charges. The process starts by filing a Family Offense Petition.

Eligibility for a Family Offense Order

You may file for a Family Court order of protection if the abuser is:

• A current or former spouse
• A parent, child, sibling, etc.
• Someone you have a child with
• Someone you dated or are dating

The abuser does not have to be a family member, just an intimate partner. Same-sex couples are also eligible.

How to File for an Order of Protection

Follow these steps to file for a Family Court order of protection in New York:

1. Obtain the forms – Get the family offense petition forms from the court clerk or online. Forms must be filled out thoroughly and accurately.
2. File the petition – Submit completed forms to the Family Court clerk’s office in the county where you or the abuser lives.
3. Appear before a judge – The judge reviews the petition and may ask you questions. Describe all abuse/threats in detail.
4. Get a temporary order – If approved, the judge issues a temporary order effective until the court hearing.
5. Attend your hearing – Testify at the hearing and present evidence of abuse. The judge will decide to uphold or dismiss the order.
6. Serve the order – If upheld, the abuser must be formally served with a copy of the order.

While not required, having an attorney assist with the process can be very helpful.

What an Order of Protection Includes

Orders of protection commonly include mandates for the abuser to:

• Stay away from you, your home, job, etc.
• Stop further abuse and harassment
• Follow custody/visitation arrangements
• Pay child support
• Attend counseling
• Surrender firearms

The order remains in effect for up to 2 years and can be extended if needed. Violating it is a criminal offense.

Getting an Order from Criminal Court

If your abuser is arrested and criminally charged, the criminal court may issue a protective order as a condition of the defendant’s release or bail. This provides protection without needing to go through Family Court.

The District Attorney’s office would request the criminal order on your behalf. You may be called to testify at bail hearings and pre-trial conferences.

Entering the Order in the State Registry

Once the order is issued, it must be entered into New York’s statewide Family Protection Registry database. This allows police and courts to access and enforce the order anywhere in New York.

The court will take care of submitting the order info to the registry. But it’s important to verify it’s in the system. Carry proof of the order with you at all times in case you need to show police.

Safety Planning

Getting a protective order is an important step but not a complete solution. You still need to take precautions for your safety like:

• Changing locks
• Installing security systems
• Arranging a safe place to go if needed
• Memorizing important phone numbers
• Carrying a cell phone and emergency contact list

Develop a personalized safety plan with help from victim advocates. Don’t rely solely on the order of protection.

Violations and Enforcement

If your abuser violates the order in any way, call 911 immediately. Police can arrest the abuser on the spot. Make sure to also notify your attorney to file a violation petition.

Courts may punish violations with fines or jail time. But enforcement depends on police and courts taking action. Don’t assume the order alone will stop abuse.

Renewing or Modifying the Order

Orders of protection typically last 1-2 years. You can file to extend the order if needed for your ongoing safety.

If you want to modify the order’s terms, such as custody arrangements, you must file a petition to change the order.

The Bottom Line

Orders of protection provide important legal protection against violence and abuse. But they must be actively enforced to be effective. Consider an order part of a comprehensive plan to stay safe.

With the help of the courts, advocates, law enforcement, friends/family, and most importantly your own courage and caution, you can regain control over your life.

References

• Obtaining an Order of Protection in New York
• Domestic Violence: The Basics
• Domestic Violence
• Family Offense Petition
• Resources for Victims