A New York Temporary Order of Protection (TOP) is a court order issued by a judge to protect individuals from abuse or harassment. The order can be issued in cases of domestic violence, stalking, sexual assault, and child abuse. There are two types of New York Temporary Orders of Protection: (1) temporary restraining orders (Bros), and (2) temporary orders of protection (Tops). A TO is an emergency order that is issued without notice to the accused. It is typically issued for a period of fifteen days and can be extended for additional fifteen-day periods. A TOP is a more permanent order, usually issued after a hearing in which both parties have the opportunity to present their case. A TOP can be issued for up to a year and can be extended or modified. Both types of New York Temporary Orders of Protection can include provisions that require the accused to stay away from the victim and refrain from any communication or contact with the victim. They may also include provisions that order the accused to surrender any firearms or ammunition, and to attend counseling and/or anger management classes.
New York Temporary Order of Protection
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How to fill out New York Temporary Order Of Protection?
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FAQ
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.
It is a judicial order which prohibits the defendant from contacting the alleged victim in any way, whether that is physical contact by going anywhere that the defendant might know that the alleged victim might be or any sort of electronic communications like a phone call, text message, e-mail, or social media.
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.
A temporary order of protection is issued on the day you file for an order of protection before the respondent is served with the papers. It only lasts until the next time that you are in court. The court usually will extend the temporary order at each court date until the case is over.
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.
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.
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.