Grace Smith House works with and supports victims of domestic violence in obtaining Orders of Protection. In 2018, our advocates assisted in filing 1,101 Orders of Protection in family court.
*The following information is directly from the Dutchess County District Attorney's website, dutchessny.gov/Departments/District-Attorney/Domestic-Violence.htm.
Orders of Protection (OOP)
Judges in both Criminal Court and Family Court can issue Orders of Protection. You can request a "full" order that requires the abuser to stay away from you completely or a "modified" order that allows the defendant to be with you, provided he or she doesn't strike, harm or harass you in any way. An Order of Protection may require the defendant to:
- Stay away from you
- Stay away from your home
- Stay away from your place of business
- Stay away from your children's school or follow any other conditions that the judge may order
How to obtain an order of protection in:
Family Court: When there was an incident, whether or not there was an arrest, or the police were called, and you want an Order of Protection, you can go to Dutchess County Probation and ask to file a "Family Offense Petition" requesting an Order of Protection.
The worker will ask you for information about the incident. It is important to be as specific as possible. It is helpful to know dates, times, and addresses of incidents. After filing the petition, you will be sent directly to Family Court to see a judge.
NOTE: Remember, to use Family Court you must be related, married, formerly married or have a child in common.
Criminal Court: You can only get an Order of Protection from Criminal Court when there has been an arrest and/or criminal charges have been filed. At the time of arraignment, the police officer can request an OOP. If an OOP is not requested at the time of arraignment, you can call the District Attorney's Domestic Violence Bureau and request assistance in getting an OOP.
The worker will ask you for information about the incident. It is important to be as specific as possible. It is helpful to know dates, times, and addresses of incidents. After filing the petition, you will be sent directly to Family Court to see a judge.
NOTE: Remember, to use Family Court you must be related, married, formerly married or have a child in common.
Criminal Court: You can only get an Order of Protection from Criminal Court when there has been an arrest and/or criminal charges have been filed. At the time of arraignment, the police officer can request an OOP. If an OOP is not requested at the time of arraignment, you can call the District Attorney's Domestic Violence Bureau and request assistance in getting an OOP.
What is the difference between Family Court and Criminal Court
Family Court proceedings are civil, not criminal. The purposes of a Family Court action are to try to stop the violence and obtain protection for you. A Family Court judge can issue an Order of Protection. Family Court can also order visitation, child support, custody and restitution. Family Court can also order the offender to a batterer's intervention program, substance abuse treatment or counseling.
Criminal Court proceedings are for the purpose of prosecuting the offender and may result in a criminal conviction. When a case goes to Criminal Court, it is handled by the police and the District Attorney's Office. A criminal action is not prosecuted by you. It is not necessary for you to be in court unless the court requires you to. The District Attorney prosecutes the case in the name of the People of the State of New York. You, as the victim, are a witness. You are not responsible for the outcome. If you are pressured by anyone to drop the charges, you should contact the police and/or the District Attorney's Office. It is a crime to intimidate a witness.
Criminal Court proceedings are for the purpose of prosecuting the offender and may result in a criminal conviction. When a case goes to Criminal Court, it is handled by the police and the District Attorney's Office. A criminal action is not prosecuted by you. It is not necessary for you to be in court unless the court requires you to. The District Attorney prosecutes the case in the name of the People of the State of New York. You, as the victim, are a witness. You are not responsible for the outcome. If you are pressured by anyone to drop the charges, you should contact the police and/or the District Attorney's Office. It is a crime to intimidate a witness.
