A New York Order of Protection (Non Family Offense) is a type of civil court order issued by a judge to protect a person from potential harm caused by another individual. It is issued to protect individuals who are not related by family, such as roommates, neighbors, coworkers, etc. It is legally binding and can be enforced by law enforcement. There are two types of New York Order of Protection (Non Family Offense): a full order of protection and a limited order of protection. A full order of protection can include restrictions on contact, communication, and physical proximity between the parties, as well as other restrictions as directed by the court. A limited order of protection is usually issued when there is an immediate threat of violence or harassment, and usually only includes restrictions on contact, communication, and physical proximity between the parties. Both types of orders are enforceable by law enforcement and can be enforced by the court if violated. Violation of an order of protection can lead to serious criminal charges.
New York Order of Protection (Non Family Offense)
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FAQ
The person who requested the Order cannot change the Order or make it meaningless by allowing the Defendant to have contact. If the person who is protected by the Order wants it changed or dropped, then that request must be made to the Judge or the Assistant District Attorney.
If a Family Court order of protection is violated, the respondent can be arrested by the police and charged with Criminal Contempt as either a misdemeanor or felony. A conviction can lead to jail or even time in a New York State prison.
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.
The order typically expires just before the end of the case. In New York, a temporary order of protection can be renewed for as long as the case lasts. If warranted, the judge has the option to replace it with a permanent order of protection once the case concludes. The order typically remains in effect for a year.
If the person that requested the Order of Protection wants to change or drop it, she or he should speak to the Assistant DA, if it is a misdemeanor or felony case. In other cases, the person can come to City Court and ask the Judge.
If a Family Court order of protection is violated, the respondent can be arrested by the police and charged with Criminal Contempt as either a misdemeanor or felony. A conviction can lead to jail or even time in a New York State prison. Make no mistake.