Protection Orders in New York May Overlap in Family and Criminal Court

November 06, 2012

Protection Orders in New York May Overlap in Family and Criminal Court

The Cashman stalker case has put protection orders in the news across New York. The case stemmed from criminal court, but the Cashman case also had implications for his family. Brian Cashman, the general manager of the New York Yankees, filed for a protective order against Louise Meanwell for allegedly stalking Cashman over the internet, sending threatening text messages and attempting to extort Cashman for $15,000. Since Cashman and Meanwell are not married, the case brings up important questions about who can file a protective order, what actions qualify for protection and where to file an order in New York.

There are two places to file an order of protection in New York: family court and criminal court. Both courts have different requirements of who a protective order can be filed against. In family court the person the order is taken out against is referred to as the respondent, and in criminal court the alleged abuser is referred to as the defendant.

In family court you can get an order of protection against a current or former spouse, a person you had a child with, a family member and a person you had an intimate relationship with. An intimate relationship does not require a sexual relationship but does require something more than a social relationship.

The requirements in criminal court are not dependent on a relationship. In criminal court, you simply file a protection order against the person who abused you and there is no relationship requirement. Orders for protection can be filed in family and criminal court simultaneously.

In the Cashman case, multiple people sought protection from Meanwell, including Cashman's ex-wife and two young children. Under a protection order, a judge can require the alleged abuser to not contact you, to stay away from you, your work and residence, not to harass, menace or assault you, and police can remove the abuser from a shared residence.

A protection order may also have implications in a family law case. Your children can receive protection from the respondent under an order of protection. Under an order, the family court judge can order the respondent to pay temporary child support, and you can be awarded legal custody of any children you had with the respondent. In addition, if the respondent retains visitation rights under the order, you may ask for the visitation to be supervised.

If a respondent or defendant violates a protection order, the police may arrest the person, and the respondent or defendant may face criminal penalties such as jail time. You may also file a "violation petition" in Family Court, which likely has negative implications for the respondent's parental rights.

Article provided by The Law Office of Keith B. Schulefand, Esq.
Visit us at http://www.schulefandlawoffice.com