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.
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.
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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.
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.
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.
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.
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.
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.
A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, and.
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.
Consider Hiring an Attorney. Prepare Your Evidence in an Organized Fashion. Preserve Your Constitutional Right Against Self-Incrimination if a Criminal Case is Pending. Be Mindful of Proof of Service. Do Not Underestimate the Burden of Proof.