Order Of Protection And Restraining Order
Problems within families and other intimate relationships can lead to violent and abusive behavior by one party causing another party to be concerned about personal safety. Courts can order the aggressive person to leave the other person alone. A court order of protection and a restraining order refer to the same type of protection order. In New York, orders of protection can be issued by both civil and criminal courts and carry the same level of protection. The main difference is that if an order of protection is issued by a criminal court the person who the order is must have been charged with a crime.
The Manhattan order of protection and restraining order attorney at Randi L. Karmel, PLLC, knows that intimate relationships can often leave one party feeling vulnerable to victimization by another and in need of court-ordered relief.
What Does an Order of Protection or Restraining Order Do?
An order of protection tells someone that they are or are not to engage in some behavior towards another. Usually, the order is telling someone to stay away from or stop doing something to another person. Orders of protection are frequently issued in family court proceedings for instances of domestic violence, threats and harassment, and abuse.
Stay Away orders – mean that one person cannot have any contact with another person – either directly or indirectly – and may specify an actual physical distance
Refrain From orders – do not tell a person to stay away but rather to stop doing something to another person – like to stop interfering with another by harassment or intimidation
The exact language of an order of protection will depend on the circumstances and may address very specific behaviors.
Who Can Get an Order of Protection
To get an order of protection the persons involved must have had certain types of relationships. In New York, a family court can issue an order of protection to a person who has had one of the following types of relationships with the other person.
- married to or divorced from
- have a child with
- related by blood or marriage
- has been ‘intimate’ with
How Long Does an Order of Protection Last?
Orders of protection will specify when they go into effect and when they end. They can either be of short duration or longer-lasting.
Temporary orders of protection can be issued the same day that they are requested and typically last the time between court appearances with the ability to be extended.
Final orders of protection are put in place at the close of a case and can last from 2 to 5 years. They also may order a person to provide restitution or get some kind of treatment.
How to Get an Order of Protection
In an emergency situation, it is best to call the police and get an order of protection that way since the police are available at all times. To get an order of protection through family court, a petition is completed and submitted for a judge to review. In the petition, it must be alleged that a ‘family offense’ occurred. Family offenses include all types of abuse – verbal, emotional, physical, and sexual.
A petition needs to provide as many details as possible and it needs to tell the judge what the court should order. If a judge finds sufficient evidence indicating a family offense has occurred, a temporary order of protection will be issued and can include provisions about child support and custody.
If you are in a qualifying relationship and need an order of protection, you want to make sure your petition gives the judge the information necessary to issue an order. A Manhattan order of protection or restraining order lawyer will know how to put together a petition that will get you the relief you need for as long as you need it. Randi L. Karmel, PLLC, is your competent and compassionate advocate when it comes to sensitive family law matters. Contact us by clicking here for a consultation to discuss your unique family situation or call us at 212-755-0224.