How do I Obtain a Family Court Order of Protection in New York?

How do I Obtain a Family Court Order of Protection in New York?

If you find yourself the victim of a domestic violence matter in the state of New York, it is critical that you know what to do in order to receive the protection you need during this difficult time. Continue reading below to learn more and contact an experienced New York family law attorney for assistance.

What is a Family Court Order of Protection?

When discussing orders of protection due to domestic violence, it is important to know there are three different types. This can include a family court, criminal court, or Supreme Court order of protection. A family court order of protection is issued as part of a civil proceeding. This can be obtained in order to stop violence within a family or intimate relationship. In order to receive an order of protection in family court, your relationship to the person you are seeking protection from must fall under one of these categories:

  • Current or former spouse
  • Someone you have a child with
  • A family member you are related to by blood or marriage
  • Someone you are or have been in an intimate relationship with. It is important to note this does not have to be a sexual relationship.

How do I Receive an Order of Protection?

To begin the process of receiving this order, you must file a form called a Family Offense petition. This designates you as the petitioner and the abuser as the respondent. When filing a petition, be sure to write down as many details of violent incidents as possible. This includes any situations of verbal, physical, emotional, or sexual abuse or threats. Descriptions should include where the incident occurred, what happened, if you became injured, if weapons were used, etc. In situations of verbal abuse, be sure to note the exact words that were used. 

What is the Difference Between a Temporary and Final Order of Protection?

When you file for an order of protection, you are issued a temporary order of protection. This only lasts until the next time you are in court but it can be extended at each court date until the case is over. A hearing will take place to determine if a final order of protection should be granted. This may be the case if the judge finds that a family offense was committed. If granted, the order can last for two or five years. A final order of protection can include the following:

  • Restitution
  • Medical expenses due to the abuse
  • Participation in a program, such as a batterer’s education program or referrals fro drug/alcohol counseling

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.