A Nassau New York Order Granting Protective Order is a legal document issued by the Nassau County courts in New York that provides protection and imposes restrictions on an individual or party to ensure the safety and well-being of another person or entity. This type of order is typically granted in situations involving domestic violence, harassment, stalking, or any form of physical or emotional abuse. When filing a Nassau New York Order Granting Protective Order, certain essential keywords should be included to accurately describe the specific circumstances and type of protection sought: 1. Types of Orders: There are different types of protective orders that can be granted in Nassau County, New York, including: — Order of Protection: This type of protective order prohibits the individual from contacting, harassing, or coming within a certain distance of the protected party. — Restraining Order: This order restricts the actions and behavior of the individual, preventing them from any harmful or threatening actions. — No-Contact Order: This type of order prohibits any form of communication or contact, whether in person, through phone calls, text messages, email, or social media. — Stay-Away Order: This order prohibits the individual from being near specific locations, such as a home, workplace, or school of the protected party. — Temporary Order: This order is granted on an emergency basis to provide immediate protection until a full hearing is conducted. — Final Order: Issued after a thorough hearing, this order can provide long-term protection for a specified period, typically up to one year, but can be extended if necessary. 2. Parties Involved: Clearly identify the parties involved in the protective order, including the petitioner (the person seeking protection) and the respondent (the individual from whom protection is sought). 3. Relationship: Provide details about the relationship between the petitioner and respondent, such as family members, spouses, former spouses, current or former intimate partners, cohabitants, or individuals with a child in common. 4. Legal Basis: Explain the legal grounds for seeking the protective order, such as instances of domestic violence, physical or emotional abuse, harassment, threats, stalking, or any behavior that poses a risk to the safety and well-being of the petitioner. 5. Detailed Allegations: Describe the specific incidents, behaviors, or threats that have occurred, including dates, times, locations, and any evidence supporting the need for the protective order (photographs, text messages, emails, witnesses, etc.). Use relevant keywords like assault, battery, intimidation, emotional distress, coercion, violation, invasion of privacy, etc. 6. Provisions and Restrictions: Outline the specific provisions and restrictions requested in the protective order, including no-contact provisions, temporary custody or visitation arrangements, surrender of weapons, mandatory counseling, or any other reasonable stipulations deemed necessary for the safety of the petitioner. By including these relevant keywords and providing a detailed description, the Nassau New York courts will have a better understanding of the circumstances and be able to grant an Order Granting Protective Order that provides the necessary protection and relief to the petitioner.
Nassau New York Order Granting Protective Order
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How to fill out Nassau New York Order Granting Protective Order?
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FAQ
A protection order aims at preventing the reoccurrence of domestic violence or sexual harassment by stating what conduct the alleged offender must refrain from doing. As long as he/she complies with the protection order, the complainant will be safe.
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.
In order to fight an order of protection, you must go to court with evidence that the order is not warranted. For example, if you can prove that the accuser lied about the incident on which the order is based, then the judge may be inclined to vacate the order.
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.
Violation of an Order of Protection It is a crime called criminal contempt to disobey a temporary or final Order of Protection. This is called a violation of the Order of Protection. Depending on the facts, an abuser can go to jail for up to 7 years if convicted of criminal contempt.
For how long is a protection order valid? Protection orders, once granted, never expire.
A violation of an Order of Protection can result in a Violation Petition of an Order of Protection in the Family Court or an arrest for criminal contempt of a court order as follows: Criminal contempt in the second degree: This Class A misdemeanor applies when you intentionally disobey a court order.
Contact an experienced Nassau County York Order of Protection Lawyer who will explain to you your legal rights and work closely with you to get the Order of Protection dismissed. An Order of Protection can be issued by a Family Court judge or by a Criminal Court judge.
If a final order of protection is issued, this occurs at the end of the case after the Judge finds that a family offense was committed or the respondent agrees. A final order lasts for two or five years.
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.
