Getting an Order of Protection
An Order of Protection is a document issued by a judge through any level of court (Criminal, Family or Supreme) in New York State. This document is an order by a judge that sets limits on a partner’s behavior. An Order of Protection is designed to protect someone from harassing or abusive behavior. Because it is an order issued by a judge, only a judge can change the conditions of an order of protection. In order to make changes to the Order of Protection a person will need to request this from the court.
What An Order of Protection Provides
There are a number of protections that can be provided for victims including, but not limited to:
- Ordering an abuser to stop abusing a victim and/or their children
- Telling an abuser to leave and stay away from the victim’s home, workplace, school, children’s school, daycare, and family (parents, children, extended family, etc.)
- Directing an abuser to have no contact with the victim—including phone calls, text messages, letters, or communication through other persons (friends, family, etc.)
- Order an abuser to surrender any guns or gun permits
- Provide protections for family pets that may be at risk of harm by the abuser
- Anything else that the judge determines may be necessary for protection
Applying For An Order of Protection
In New York State, victims of domestic violence can obtain Orders of Protection in a few different ways. It is important to know which court you are dealing with. In criminal cases, the district attorney’s office which prosecutes the case can ask for an order of protection to be granted on behalf of the victim. Even if a victim has an Order of Protection issued by a criminal court, it is possible to also petition Family Court for an Order of Protection as well.
In order to petition Family Court, there must be an intimate relationship between the person petitioning the court and the person they are filing against. In family court, you can file your petition in the county where either you or the abuser lives or when the family offenses took place. If the incident was reported to the police you may want to bring the police report to court. Furthermore, you will need some form of photo identification to verify your identity. If you are younger than 18 years of age you may still file for an Order of Protection in family court but you must be accompanied by an adult (either parent or a friend).
At the courthouse you will be required to complete paperwork and meet with an advocate who will assist in preparing the petition of the judge to review. It is important to present information about:
In order to petition Family Court, there must be an intimate relationship between the person petitioning the court and the person they are filing against. In family court, you can file your petition in the county where either you or the abuser lives or when the family offenses took place. If the incident was reported to the police you may want to bring the police report to court. Furthermore, you will need some form of photo identification to verify your identity. If you are younger than 18 years of age you may still file for an Order of Protection in family court but you must be accompanied by an adult (either parent or a friend).
At the courthouse you will be required to complete paperwork and meet with an advocate who will assist in preparing the petition of the judge to review. It is important to present information about:
- Physical injury or harm victim and/or children may have suffered;
- The use of or threats with a dangerous weapon or other objects;
- A history of repeated violence;
- Calls to the police because of violence or threats of violence;
- The exposure of any family or household member, including family pets, to physical injury by the abuser, and/or;
- Prior incidents and behaviors of the abuser that make the judge believe the abuser is an immediate and ongoing danger to the victim or any member of the victim’s family or household;
The Process By Which An Order of Protection Is Awarded
Once a petitioner meets with the judge, the judge may ask further questions to get clarification and information. The judge will make a decision and explain this decision to you. When a judge believes there is good cause, he/she will issue a Temporary Order of Protection. This temporary order lasts a few days until the court can schedule a full court hearing and hear from the other party. To do this, the other party (call the Respondent) needs to be notified of the existing temporary order and they are ordered to appear in court.
In Dutchess County Family Court, Temporary Orders of Protection are served on the Responding party by the court. There are exceptions to this in cases involving gun surrender or when a party needs to be removed from a home. In these cases the court will instruct you to go to your local police department to get further assistance in getting the order served. It is important to keep in mind that a Temporary Order of Protection may not offer protections until the other party is formally served with the order.
The point of a Temporary Order of Protection is to maintain peace and offer protections to parties until the court has had time to hear all the facts and make a decision. As court proceeds there may be changes to the initial temporary order of protection and the judge can amend the order with each court appearance. A Final Order of Protection may not be issued for quite some time while the judge proceeds to hear both parties. Based on the testimony of the parties and on the evidence that is provided, a judge will decide whether to issue a final order of protection. This final order will be in place for some length of time, usually one or two years, or even five years depending on the circumstances of the case. Final Orders of Protection have expiration dates but can be renewed or extended depending on circumstances of a case.
In Dutchess County Family Court, Temporary Orders of Protection are served on the Responding party by the court. There are exceptions to this in cases involving gun surrender or when a party needs to be removed from a home. In these cases the court will instruct you to go to your local police department to get further assistance in getting the order served. It is important to keep in mind that a Temporary Order of Protection may not offer protections until the other party is formally served with the order.
The point of a Temporary Order of Protection is to maintain peace and offer protections to parties until the court has had time to hear all the facts and make a decision. As court proceeds there may be changes to the initial temporary order of protection and the judge can amend the order with each court appearance. A Final Order of Protection may not be issued for quite some time while the judge proceeds to hear both parties. Based on the testimony of the parties and on the evidence that is provided, a judge will decide whether to issue a final order of protection. This final order will be in place for some length of time, usually one or two years, or even five years depending on the circumstances of the case. Final Orders of Protection have expiration dates but can be renewed or extended depending on circumstances of a case.
Support GSH Provides In Obtaining An Order of Protection
Grace Smith House works with and supports victims of domestic violence in obtaining an Order of Protection. Please contact Grace Smith House to discuss your particular situation and options regarding Orders of Protection.
