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Orders of Protection – FAQ’s

Q: Who can I obtain an Order of Protection against in the Family Court?
Family Court judges have the ability to issue Orders of Protection against individuals you have a child in common with, current or former spouses, family members you are related to by blood or marriage, and/or someone you have an intimate relationship with.

Q: If the individual I seek an Order of Protection from does not fit into any of the categories a Family Court judge can issue an order for, how can I get an Order of Protection?
If the Family Court does not have the jurisdictional basis to provide you with an Order of Protection, you would need to file a criminal complaint against the other individual. You would ask the other individual be arrested as a result of your filing this criminal complaint. When the case appears in the Criminal Court, at that point the prosecuting attorney would ask the judge to issue an Order of Protection to protect you from this other individual.

Q: Can an individual receive an Order of Protection from both the Criminal Court and the Family Court?
Yes. Judges in both the Family Court and the Criminal Court have the authority to issue Orders of Protection and their authority is not circumscribed by the fact that an Order of Protection was issued by another judge in another court.

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