This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
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If you or your children are subjected to physical abuse, sexual abuse, harassment, violence, threat of kidnapping, stalking, or certain other criminal acts, you can seek an order of protection from the court. Violation of an order of protection by the accused person can result in an arrest and possible incarceration.
There is no fee to get an Order of Protection and it can last for up to one year and can be renewed. Once an order is issued, only a judge can change it. If the order includes a stay-away provision and your partner comes to your house, he or she is violating the order and can be arrested.
Decide the evidence you want to use.Evidence is what you present in court to prove that the Respondent has harmed or may harm you (and/or your child). Evidence can be your testimony, the testimony of witnesses, documents, photos, or objects such as torn clothing or a weapon.
Get the documents. In order to be prepared to fight the order you need to know exactly what is being said about you. Know the law in your state. Know the timelines for contesting these orders, and take action immediately when you are informed that there may be an order against you.
An Order of Protection can require a person to stay away from another person, her home, school and work. The order could also prohibit some types of contact with the other person, or even all contact. The court can make exceptions such as to arrange visitation with a child.
The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors.