 | ||||||
What is an order of protection?
An order of protection is a document issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence. Family Courts, Criminal Courts, and Supreme Courts can all issue orders of protection. An order of protection may direct the offending person not to injure, threaten or harass you, your family, or any other person(s) listed in the order. It may include, but is not limited to, directing him/her to:
1. Stay away from you and your children
2. Move out of your home
3. Follow custody orders
4. Pay child support
5. Not have a gun
6. Refrain from acts or threats of physical violence
Family Court order of protection is issued as part of a civil proceeding. Its purpose is to stop violence within a family, or within an intimate relationship, and provide protection for those individuals affected. All Family Court proceedings are confidential.
To obtain an order of protection in the Family Court, your relationship to the other person must fall into one of the following categories:
1 Current or former spouse
2. Someone with whom you have a child in common
3. A family member to whom you are related by blood or marriage
4. Someone with whom you have or have had an “intimate relationship.” An intimate relationship does not have to be a sexual relationship. A relationship may be considered intimate depending on factors such as how often you see each other, or how long you have known each other. After a petition is filed, the court will decide if it legally qualifies as an intimate relationship.
To start a proceeding in Family Court, you need to file a form called a Family Offense petition. The person filing the petition is called the “petitioner,” and the person the petition is filed against is called the “respondent.” Petitions can be found either on line or at the Family Court Clerks Office. Court advocates are located in the clerks office to assist people who are filing these petitions. *see family court for more info.*
Criminal Court order of protection is issued as a condition of a defendant’s release and/or bail in a criminal case. A criminal court order of protection may only be issued against a person who has been charged with a crime.
Criminal cases are prosecuted for the State of New York by the district attorney. Although the district attorney may start a criminal case before a person is arrested, a criminal case usually begins with a person’s arrest. The person charged with abuse is called a “defendant.” The victim of abuse is called the “complaining witness.” There does not need to be a relationship between the complaining witness and the defendant. If there is a relationship between the complaining witness and the victim then the case will be heard in either D32 or D31.
D31 and D32 are the domestic violence parts of the District Court. Court advocates are located in these parts to assist the victims.
In a criminal case, the district attorney requests an order of protection for the victim or complaining witness. The judge decides whether to issue the order of protection and what terms and conditions will be included in the order.
Supreme Court Order of Protection
• Can be issued as part of an ongoing divorce proceeding.
• If you have an ongoing divorce case and would like to request an order of protection, you may do so by making a written request by Motion or Order to Show Cause; or you may make an oral request at a court appearance. If you are represented by an attorney, your attorney may make the written or oral request for you. The judge decides whether to issue the order of protection and what terms and conditions will be included in the order.
Integrated Domestic Violence Court
Integrated Domestic Violence (IDV) Courts help families by bringing different case types—criminal, family and matrimonial (divorce)—together to be heard by one judge. This court uses the “one family - one judge” approach for cases that involve domestic violence within a family. The judge decides which cases are appropriate for the IDV Court.
OBTAINING AN ORDER OF PROTECTION FROM THE COURTS
For more information about NY Courts Go To: http://www.nycourts.gov/courts
If you are a victim of domestic violence we can help.
24 Hour Hotline:631.395.1800
