An order of protection can be described as a court order about the dos and don’ts of an individual, or certain specific things mentioned when a crime is committed.
Do you know the various types of orders of protection available?
Full orders or stay away
In this case, the party should stay away and avoid contact through third parties, and directly cannot have any contact.
Limited orders or refrain form
Parties can stay in touch but should avoid committing criminal offenses of family officers like assault, harassing, stalking, etc.
What is the purpose of an order of protection?
An order of protection can be issued to order someone:
- To surrender their firearms
- To return any documents being held to the protected party
- To avoid the commitment of harmful acts
- To stay away from children or protected person as well as from their frequent visiting spots like school or workplace.
- To enable one party to visit the residence to receive their property with law enforcement.
- To allow protected individuals terminating leases.
Apart from the clauses, an order of protection derived from the family court can:
- Provide children custody to the petitioner
- Make visitation provisions
- Order anything that is needed to ensure the protection of the children and the petitioner.
- Need respondent to provide the legal cost of petitioner
- Place respondent under the supervision of probation
- Need respondent to pay the medical expenses
- Need respondent to visit the intervention program of the abusive partner
- Need payment for spousal and child support
How can you get an order of protection?
The family court judge can issue an order of protection if there is any commitment to the family offense. Some family crime examples include harassment, disorderly conduct, sexual abuse, assault, menacing, strangulation, reckless endangerment criminal mischief and stalking.
You can visit the family court if you want to get an order of protection against your former spouse as well as your intimate partner. You can also get this order against a person related by blood or marriage. Furthermore, you can even go for visitation, custody and child support to the family court.
You first need to file the family offense petition with the family court clerk. A lawyer can guide you through the complex process. However, if you want, you can also find alone.
After the petition is filed, a judge will be asked to have a conversation with you. According to the settled date, both parties need to be present in the court. If you have a strong base, you can get an order of protection on a temporary basis from the judge. A court date will be provided to decide whether this order of protection shall be continued.
Criminal court
According to orders of protection in New York, if your abusive partner has been arrested, the judge will provide a protection order during the arraignment. This will be temporary in nature until the entire case is resolved. An order of protection will be ‘finally’ granted as a part of the sentencing or the plea deal.
Supreme court
This court can issue an order of protection only as a part of your divorce order.
If you need an order of protection, immediately take help from an experienced lawyer. It can make your entire process hassle-free.
