An Order of Protection is an order granted by a court which protects one individual from another. Individuals who are threatened or who have been abused or assaulted can request an Order of Protection in New York. If an Order of Protection is granted, it can require the alleged abuser to:
- stay away from the home or other location of the individual who alleges he or she was abused
- cause the individual to be removed from his home if the other party lives there
- prevent the individual from telephone contact, verbal contact or contact through third parties with the individual who was allegedly abused
- surrender all of his or her guns
Who Issues Orders of Protection?
Orders of Protection can be issued by the Family Court, Supreme Court or by Criminal Courts in the State of New York.
Family Court Orders of Protection in New York can be issued against spouses, persons related by blood or marriage, individuals who have a child in common, or individuals who have an “intimate relationship” with each other.
Criminal Courts issue Orders of Protection after an individual has been arrested and charged with a crime. A Criminal Court Order of Protection usually is issued against the person who was arrested and prevents him or her from contacting, communicating or threatening the alleged victim of a crime.
Term of Order of Protection
Orders of Protection usually last for one year but can last for as long as five years. If an Order of Protection is taken out against you, you should consult with competent legal counsel. Orders of Protection can be modified, changed, or rescinded. An application can be made to the court which issued the original Order of Protection and evidence presented that the Order of Protection as it currently exists is not appropriate.
