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New York Order of Protection Frequently Asked Questions
An order of protection is the official name for court decrees that are generally referred to as restraining orders. Orders of protection might be issued from a variety of courts including family court, criminal court, and the New York Supreme Court. The order exists to limit any behaviors that have been construed as threatening to another individual. Typically, orders of protection involve orders to “stay away,” which means that you’re required to stay a specific distance from another individual at all times.
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What can orders of protection do besides order you to stay away?
Every order of protection is unique and based on the judge’s discretion. The judge will put measures in place for the protection of the victim. The exact form these measures take will depend on the relationship that the two people have and the circumstances of the order. Orders of protection might force you to stay away from the family of the victim as well as the victim themselves. You might also be ordered to keep away from the pets of the victim. The order of protection might include orders for you to complete certain tasks like the payment of child support or the following of custody agreement terms.
What happens when an order of protection is violated?
Violation of an order of protection is a violation of the law. When you break an order of protection, you might be arrested and have criminal charges leveled against you. Even if no physical harm came to the person who you’re meant to be staying away from, you can still face criminal charges. If you break any of the terms in the order, you can be arrested. If you’ve been accused of breaking of a protection order, you need to find an experienced defense attorney to represent you in New York. Spodek Law Group is a group of NYC lawyers who have been practicing for more than forty years.
What happens if you keep receiving communication from the person who originally requested the order?
When the order of protection has terms that specifically ban you from communication with the other person, any communication is a violation — even if the other party initiates it. For this reason, it’s important to ignore calls and emails and not to respond to them. If you answer a phone call and speak to the person who requested the protection order, then you might be faced with criminal charges.
How long do orders of protection last?
Under the usual circumstances, an order of protection will be issued the moment an application of the complainant witness has been processed. Alternatively, it might be issued during an arraignment of a defendant if the defendant stands accused of domestic violence, stalking, assault, or any other interpersonal crime that could make another individual feel threatened.
The order that is issued immediately is usually issued on a temporary basis. Temporary restraining orders usually expire before the case concludes. However, the requesting party can renew them if they feel that the protection is still necessary.
When the case is resolved, temporary orders of protection might be replaced with permanent orders of protection. That said, a permanent order of protection isn’t actually permanent. These orders usually last for a period of one year, but there are some stronger orders that can expire after five years.
The circumstances that led to the issue of the order might also lead to criminal charges against you. It’s important that you discuss your case with your attorney and choose the best option for you.