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.