Orders of Protection

What is an Order of Protection?

An Order of Protection is an Order issued by the Court to limit the behavior of someone who has harmed or threatened to harm another person.  An Order of Protection may direct an offender not to engage in certain behaviors towards you, your children or any other person listed in the Order.  Such behaviors may include inflicting injury, harassment, threatening or menacing.

What can an Order of Protection Do?

An Order of Protection may direct the offending person to:

• Stay away from you and your children
• Vacate or move out of your home
• Refrain from certain behaviors such as harassment and menacing
• Not to have a firearm

Different Types of Orders of Protection

Family Court Orders of Protection – A Family Court Order of Protection is issued as part of a civil proceeding.  Its purpose is to stop violence and harassing or abusive behavior within a family or within an intimate relationship.  To obtain a Family Court Order of Protection, your relationship to the other person must be one of the following: A current or former spouse; a person with whom you have a child in common; a blood relative or spouse via marriage; or a person with whom you have an intimate relationship.

Criminal Court Orders of Protection – A Criminal Court Order of Protection is issued against someone who has committed a crime and is prosecuted by the State of New York by the district attorney.  It may be issued as a condition of a person’s release in a criminal case.  The person charged with abuse is a defendant in a criminal matter.

Supreme Court Orders of Protection – A Supreme Court Order of Protection can be issued as part of an on-going divorce matter.  You can request a Supreme Court Order of Protection orally in Court or by Motion or Order to Show Cause.  The Judge on your divorce matter will decide whether to issue the Order of Protection and the terms and conditions to be included.

Orders of Protection are powerful tools used to combat domestic violence and abuse.  They can potentially send the violating person to jail for contempt of court.  Contact Rosenthal & Markowitz, LLP for further information.