Obtaining an order of protection in New York

February 06, 2013

Obtaining an order of protection in New York

If you live in New York and are a victim of harassment or domestic violence, you might wonder where you can turn for protection when the abuser is a spouse, family or other household member. The situation may seem hopeless, but there is a powerful tool available to help you called an order of protection.

An order of protection (also known commonly as a restraining order) is a court order that protects you from someone that you are married to, separated or divorced from or have a child with. Its protection also extends to same-sex couples, any other relatives you may have by blood or marriage and anyone with whom you have an "intimate relationship."

An intimate relationship does not necessarily mean a sexual relationship. The court determines whether your relationship in question is intimate by considering many factors such as how long you have known each other and how often you see each other.

An order of protection directs the abuser to not continue injuring, threatening or harassing you, your family or other people listed in the order. They commonly are used to order the offending person to:
-Pay child support
-Move out of the house
-Direct him or her to cease all contact with yourself or your children
-Do anything that is necessary for your protection

If the abuser violates the order of protection, he or she is subject to legal consequences. Offenders may be subject to arrest, imprisonment and be held financially responsible for attorney's fees and court costs.

Order of protection process

In New York, orders of protection can be obtained from Family Court, a criminal court and the Supreme Court. As the other two courts require there to already be a divorce case or criminal charges pending against the abuser, Family Court is generally the best place for someone who is still living with the abuser to get an order of protection.

The process of obtaining orders of protection in Family Court, commences when the victim files a Family Offense petition. The petition alleges that the abuser committed an offense, such as stalking, assault or harassment, against the victim. Once the petition has been filed, a judge reviews it and may issue a temporary order of protection if he or she believes that there is good cause to do so.

This temporary order usually grants protection to the victim until the date of a full court hearing. On the date of the hearing, the abuser will have the opportunity to attend the hearing and present his or her side. Once the court has reviewed the evidence and testimony, it may issue a final order of protection that can last up to five years.

An attorney can help

The hearing for an order of protection is similar to any other court hearing and it is important to present a strong and convincing case. An experienced family law attorney can ensure that your rights are protected throughout the entire process and ensure that you receive the best possible outcome.

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