Orders of Protection
What are they?
An order of protection in New York, sometimes called a “restraining order”, is a legal injunction issued by a court which requires a party, typically a household or family member, to do, or refrain from doing, certain acts. A restraining order in New York is there for the purpose of creating cooling off period between two or more parties that can prevent future acts of depravity or violence. Although state and local laws vary, the order of protection is usually issued pursuant to some type of abuse involving family members and other members of a household. The NYC order of protection can require a household or family member to:
- stay away from you and your children
- move out of your home
- follow custody orders
- pay child support
- not have a gun
How do restraining orders in NY work?
Individuals who have been subjected to some form of abuse or intimidation at the hands of a family member or intimate associate can petition their local government, usually the county court system, for an order of protection. In many instances, petitioners may seek an order of protection nyc from both the local civil and criminal justice systems. If the court determines that there is valid grounds for a protection order, it will examine the circumstances of the case and use its discretionary power to craft an order that best accommodates those unique circumstances. A restraining order in New York usually is in conjunction with criminal charges of some sort, and though it is sent to family court the individual accused will stand for criminal charges.
In general, the protection order will require a household or family member to stay away from a petitioner’s residence and/or workplace. A restraining order has stiff penalties associated with its violation. A household or family member who violates a New York order of protection is committing a crime and can be charged with a misdemeanor and even a felony if they establish a pattern of violations. If you have been granted an order of protection and it is violated by the respondent, you should call the police immediately.
Should I get a restraining order in New York City?
The decision to get a order protection New York against a household or family member is not easy. The order is an injunction against that person which carries with it the force of law. Individuals should only seek an order of protection if they truly feel it will help them to avoid abusive behavior. It is important to keep in mind that a protection order cannot guarantee your safety and may even serve to antagonize or enrage the individual being served with the order. Each case is unique and individuals should work with both a qualified attorney and local law enforcement officials when making their decision. Family and divorce attorneys who deal with family law and criminal law are typically qualified to assist individuals in obtaining a court order of protection or in defending individuals who have orders of protection and accusations made against them that are unjust and frivolous.