New York Order of Protection

Order of Protection vs Restraining Order

An Order of Protection is a court order that tells one person what they cannot do to another person, or it defines what contact is allowed. Sometimes an Order of Protection is also called a restraining order.

Child Protection Order

A child protection order is a type of court order that is issued by a judge for the purposes of shielding a child from acts of child abuse or from exposure to domestic violence. It is most commonly used in situations where the child needs protection from an abusive parent or their close family members.”

Extreme Risk Protection Order

Extreme risk protection order (ERPO) laws, sometimes known as gun violence restraining order or “red-flag” laws, are risk-based, temporary, and preemptive protective orders that authorize the removal of firearms from individuals determined to be at risk for committing gun violence against others or themselves.

How to Get an Order of Protection

In the county you reside, or the county in which the incident(s) occurred between you and a close family member, you can file a Family Offense Petition with the Family Court (in that county) by outlining, with specificity, the events that created your imminent risk for your safety (or the safety of others).

After filing the requisite forms, an assigned emergency Judge will read your petition and might ask you further questions. If the Judge decides that the allegations rise to the level of a family offense warranting the granting of a temporary order of protection then on that same day you make the request then you will receive a court order regarding same.

How Does a Protection Order Work?

An Order of Protection can require a person to stay away from another person, their home, school and work. The order could also prohibit some types of contact with the other person, or even all contact. The court can make exceptions such as to arrange visitation with a child.

What Happens When You Get an Order of Protection?

The court order will outline and dictate what a person shall not do within the parameters of being near another individual. For example, an order of protection may require one party to entirely stay away from the petitioner whom requested the order of protection; or the court order may require one party to refrain from committing a family offense against the moving party.

There are also some limited cases where the court order may carve out exceptions to the rule for limited incidental contact (i.e. pickup and drop off for parenting time exchanges involving minor children).

How Long Does a Protection Order Last?

It depends. At a minimum the Temporary Order of Protection will usually last during the pendency of the court proceeding. Thereafter an Order of Protection can last on average three to six months, but could also last as long as three to five years depending on the totality of the circumstances.

What Happens If Someone Violates an Order of Protection?

If a person violates an order of protection it is an automatic arrest by police officers, which gets sent to the district attorney’s office and automatically becomes a criminal offense.

Even if the family court temporary order of protection ultimately goes away, the violation of the temporary order of protection still remains as a criminal prosecution. For this reason, among other reasons, it is very important to adhere to the terms of any and all orders of protection.

What Happens If the Victim Violates the Order of Protection?

The victim does not have provisions in the order of protection that they must adhere to. There is no circumstance where the victim, in his/her underlying application for an order of protection can be “violated” by that victim going forward.

How to Get an Order of Protection Dismissed

If you believe an Order of Protection was incorrectly obtained against you, then an application to the Court must be made requesting to dismiss the underlying case (and court order); however, the Court may require an evidentiary hearing to determine the merit of the application to dismiss the case.