A New York Order of Protection (Supreme Court) is a court order issued by a judge that requires an individual to refrain from certain actions or behavior. It is also known as a restraining order. There are two types of orders of protection: temporary and permanent. A temporary order of protection is issued during an emergency situation, such as when the victim is in imminent danger of harm. It lasts until a court hearing can be held, during which a permanent order of protection can be requested. A permanent order of protection remains in effect for a specified period of time, usually one to five years, and can be renewed if necessary. A New York Order of Protection (Supreme Court) can include a variety of provisions, such as prohibiting the perpetrator from contacting or harassing the victim, making threats, entering the victim’s home or workplace, or possessing a firearm. It can also provide the victim with exclusive use of the family residence and temporary custody of any children. Violation of an order of protection can result in criminal charges.
New York Order of Protection (Supreme Court)
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FAQ
In order to fight an order of protection, you must go to court with evidence that the order is not warranted. For example, if you can prove that the accuser lied about the incident on which the order is based, then the judge may be inclined to vacate the order.
A temporary order of protection will last at least until the next court date. From there it can be extended until the matter is resolved. A Family Court order of protection can last up to two years. Under aggravating circumstances, a family court order may last up to 5 years.
An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.
If it is a Refrain From Order of Protection, you can live together and have contact, but you are prohibited from harassing, intimidating, threatening or otherwise interfering with the person protected by the Order.
An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.
Orders of protection are issued by a judge to protect you from another person who is abusing, harassing, threatening, and/or intimidating you, or has committed a crime against you. Orders of protection are commonly issued in cases involving domestic violence, but may also be issued under other circumstances.
A restraining order is the same thing in New York State as an order of protection. In New York State an order of protection can be obtained through three different means, either through criminal court, family court, or supreme court.