Section 8 of the New York Family Court Act deals with Orders of Protection. An Order of Protection is a direction from a Family Court Judge that is designed to prevent harm to an individual.
The person who initiates a proceeding for an Order of Protection must allege the other individual has committed inappropriate conduct or harmful acts. The person who is served with the request for an Order of Protection has the right to be notified that they can contest the Order of Protection in Court. The Petition for the Order of Protection starts a legal process that may last for months.
The following is a list of some of the offenses that may be the basis for an Order of Protection:
- Assault,
- Stalking,
- Reckless Endangerment,
- Menacing,
- Disorderly conduct,
- Harassment,
- Forceable touching,
- Sexual Misconduct, and
- Sexual Abuse in the Third Degree
Orders of Protection are usually given to individuals in relationships. It can be spouses, parents in common, lovers or other family members.
Two Types of Orders of Protection
There are 2 types of Orders of Protection.
One is called a Stay Away Order of Protection that prevents the accused person from having contact with the protected person.
The second type of Order of Protection is called a Do Not Harass Order of Protection. It describes the type of conduct the accused person cannot engage in with the alleged victim.
There can be serious consequences for violations of Orders of Protection. Individuals who violate Orders of Protection are usually charged with felonies in the Criminal Courts in the State of New York. Orders of Protection can potentially lead to suspension of parental rights or situations involving only supervised visitation regarding parenting time with one’s children.
The law firm of Schlissel DeCorpo LLP has been representing clients for more than 40 years in divorce cases. We can be reached at 718-350-2802, 516-561-6645 or 631-319-8262 or by e-mail at INFO@sdnylaw.com.
