An Order of Protection, also known as a restraining order, is a court order that is issued to help prevent abuse, harassment, violence or stalking from continuing to occur. The victim in this case would seek an Order of Protection as a way of preventing the accused (a current or former spouse, partner or family member) from committing further acts of violence, threats or abuse.
Who Can File for an Order of Protection in New York?
In New York, you can file a petition for an Order of Protection in Family Court if:
- You are related to the Respondent by blood or marriage
- You are or were legally married to the Respondent
- You have a child with the Respondent
- You are or were in an intimate relationship with the Respondent
Factors the court may consider in determining whether a relationship is an “intimate relationship” include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship.” If you need an Order of Protection against someone who does not fit the criteria on the above list, you can only get one through Criminal Court.
Refrain-From and Stay-Away Orders of Protection
In New York, an Order of Protection will typically include one or both separate orders:
Refrain-From Order: This Order prohibits the accused from engaging in certain behavior, such as threats, assault, harassment or violence toward the victim.
Stay-Away Order: This Order prohibits the accused from coming within a certain distance of the victim as well as the victim’s residence and place of work. This may include provisions regarding staying away from children that the victim and the accused share.
Temporary Order of Protection vs. Final Order of Protection
A temporary order of protection is issued on the day you file for an order of protection before the respondent is served with the papers. This only lasts until the next time that you appear in court. The court usually will extend the length of the temporary order at each court date until the case is over. If a final order of protection is issued, this occurs at the end of the case after the Judge finds that a family offense was committed or the respondent agrees. A final order of protection can also include:
Restitution – If the respondent damaged any of your property (your car for example), the court can order the respondent to pay restitution, also known as damages, up to $10,000. The value of what was damaged needs to be proven.
Medical expenses – The respondent may be ordered by the court to pay for any medical expenses arising from the abuse.
Participation in a Program – The respondent may be ordered to participate in drug or alcohol counseling or anger management.
There is no need to live in fear. One of our Long Island Order of Protection lawyers can help.
If you are seeking to obtain an order of protection, it is best to hire an attorney. The whole process can be confusing and complex. Our attorneys can assist you in requesting the order and representing you at a hearing. We understand how important these orders are and that they are vital in order to help the victims of domestic violence, stalking and abuse. Call or contact us online today. One of the attorneys at Jacoby & Jacoby will meet with you at any of our four convenient Long Island locations for a free consultation.
Medford, NY: 631-289-4600
Miller Place, NY: 631-821-8800
Shirley, NY: 631-281-2234
Nassau County, NY: 888-452-2629
