This is an official form from the New York State Unified Court System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
New York Affidavit in Support of Issuance of Family Court Temporary Order of Protection (Individual Complainant/Petitioner)
State:
New York
Control #:
NY-GF-5B
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How to fill out New York Affidavit In Support Of Issuance Of Family Court Temporary Order Of Protection (Individual Complainant/Petitioner)?
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FAQ
You can file a family offense petition in Family Court to request an Order of Protection. You must have a certain relationship with the other person. You must allege and prove that the other person committed certain crimes against you.
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.
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.
A criminal protective order protects a victim of a crime from further and future harm or harassment by an aggressor, usually the defendant in a criminal case.A CPO supersedes any other type of civil restraining order issued by a family court judge or civil order.
Violating a criminal protection order is a Class 1 misdemeanor. On a first offense, you may face 6 to 18 months in jail and $500 to $5,000 in fines. Any subsequent offense is a Class 1 extraordinary risk misdemeanor with a penalty of 6 to 24 months in jail and $500 to $5,000 in fines.
A Criminal Protective Order (CPO) is an order a judge makes to protect a witness to, or victim of, a crime. Such persons are referred to as Protected Persons. Such orders are routinely issued in cases involving domestic violence.
You can contact the state or district attorney or inform the police that you wish to apply for an order of protection. You can also go to the county in which you or your abuser resides, and ask the court clerk for "Order of Protection" forms, which must be filled out.
Coming within a certain distance of the victim. Going to the victim's home, workplace, or school. Owning weapons while the Order is in effect. Calling, emailing, or sending letters to the victim. Sending messages to the victim through third parties.
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.