Temporary Restraining Order Provides Immediate Protection
When it comes to orders of protection, the Empire State takes action first and asks questions second. The abused in suspected domestic violence is given the benefit of the doubt and is immediately granted a temporary order of protection while a request for a more permanent order goes through the judicial process.
If you are in imminent danger, your first call should be to 9-1-1. Once you are safe, call one of our experienced attorneys at Friedman & Friedman PLLC, Attorneys at Law to file a request for an order of protection that can be granted for up to several years.
A judge can grant a temporary order of protection the same day the request is filed. The order remains in effect until the next court date. If the process requires another court hearing, the temporary protection will be extended until a final decision is made.
Order of Protection Process
Sometimes it is the people closest to us that hurts us the most. According to the Office for the Prevention of Domestic Violence, one in three women and one in four men have experienced some form of physical violence by an intimate partner. About 20,000 calls come in daily to domestic violence hotlines nationwide. Sexual assault, stalking, physical violence, and even death all occur at the hands of so-called loved ones.
Undoubtedly, domestic violence is a formidable problem in New York and across the country. Orders of protection, commonly called restraining orders, are necessary tools to break free from the attacks.
Protection requests can be filed on your behalf in Family Court or a criminal court.
Criminal Court Order of Protection
If someone threatens or harms you, you can call the police or report the crime at your local police station. If charges are filed, a criminal court order of protection can be issued as a condition of release or bail. A district attorney requests the order on behalf of the victim (complaining witness). Having an intimate or personal relationship with the other person is not required. A judge will decide whether a temporary order should be in place as the case continues through the legal process. At the conclusion of the criminal case, the judge determines whether a final order is appropriate.
Family Court Order of Protection
For a Family Court protection order, you or your attorney can begin by completing a Family Offense Petition. The other person (respondent) must be a current or former spouse, someone with whom you have a child, a family member related by blood or marriage, or someone you have or have had an intimate relationship with (intimate doesn’t have to be sexual).
Your attorney can present your side in an effort to convince the judge the other person harmed or threatened you. The judge can issue a temporary order even if there is no definitive proof and if the alleged abuser has not presented their side. A hearing will be scheduled later when both parties can speak before the judge. At any hearing, the judge can decide whether to issue a final order of protection.
Perhaps a less-known type of order is a Supreme Court order of protection. These can be issued as part of an ongoing divorce in New York. Your lawyer can make a written request or an oral request at a court appearance. The judge decides whether to issue the order.
One of our skilled lawyers can request protection orders in Supreme Court and Family Court cases. Even if you have a criminal protective order, we encourage you to also seek a Family Court order in domestic abuse cases.
Final Protection Orders
A judge decides whether a final order of protection is appropriate. The final order of protection can be full or limited.
- Limited Order. The person can still have contact with you, but cannot harass, abuse, or threaten you.
- Full Order. The person must stay completely away from you. They cannot come to your home, school, job, and anywhere else you or your children are scheduled to be. They cannot threaten, harass, or abuse you.
The order can force the abuser out of your home or provide police to go with you to collect your belongings should you want to move out. The court can also remove or suspend the respondent’s license to carry a firearm and order them to surrender all their firearms.
Most protection orders are valid for two years. A five-year order may be granted if there are “aggravating circumstances.”
Aggravating circumstances include any of the following:
- Physical Injury
- Weapon Used in the Abuse
- History of Repeated Violations
- Convicted of Past Crimes Against You
Protection Orders Offer Additional Terms
Restraining orders do more than protect your safety. The court can order temporary child support (a separate petition is necessary for permanent child support). In addition, the judge can order the abuser to participate in certain programs or services like batterer’s education program and substance abuse counseling.
Violating a Protection Order
Violations of protection orders, whether temporary or final, are crimes. Call the police, who will probably arrest them for the violation. In non-emergencies, you can file a complaint at your local police precinct. For Family Court orders, your lawyer can file the violation with Family Court but reporting the incident to police will more likely result in their arrest. Violating an order can result in jail, probation, or a fine.
Take Back Your Power
Standing up to an abuser takes tremendous courage. At Friedman & Friedman PLLC, Attorneys at Law, we understand how frightening it can be. We are here to support you with our full force so that you and your family can feel safe again. We will treat you with professionalism and compassion.
If you have experienced any form of violence, abuse, or threats, contact us to help you obtain a restraining order. You can reach us through our online form or by calling (914) 873-4410. We are available for in-person, phone, and video consultations.