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Petition for Temporary Restraining Order and Permanent Injunction for...

Queens New York Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment

Name: Queens New York Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
Brand: US Legal Forms
Rating: 4.69 (308 reviews)

Category:

Civil Procedure - Injunctions

State:

Multi-State

County:

Queens

Control #:

US-CMP-10021

Format:

Instant download

Description

This form is a Petition for a Temporary Restraining Order and Pertinent Injunction. The form must be filed in order to prohibit any contact between the named parties on a permanent basis. The form must be signed in the presence of a notary public.

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How to fill out Queens New York Petition For Temporary Restraining Order And Permanent Injunction For Personal Harassment?

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FAQ

There is no set time limit for a restraining order. It can last for a specified period of time or for an indefinite period, until further order from the judge. However, a restraining order can be varied or discharged by the court upon request of the prosecutor, the defendant or any other person named in the order.

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.

If you are threatened or harmed by another person, you can call the police or go to the police station to report a crime. The police can charge the other person with a crime and during any of the court appearances in Criminal Court, the court can issue an Order of Protection.

How long does it last? 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.

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. In some circumstances, it can last up to five years.

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.

The court may modify the extended or renewed temporary protection order as may be necessary to meet the needs of the 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.

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.

A stay away Order of Protection orders the offender to stay away from you, the protected party and from your place of residence, business, employment, and/or school. It may also order the offender to not have any communication with you via mail, telephone, e-mail, voicemail or any other electronic means.

More info

Information about protective orders. Judge Decides Case Where Child is Hurt at a Family Camp Out.Instead of a specific time limitation, CPLR 6301 authorizes the court to enter a TRO pending the preliminary injunction hearing. Temporary Restraining Orders . Sought a TRO and preliminary injunctive relief based on the due-process claim. (7) "Petitioner" means the person alleging domestic abuse, sexual assault or stalking in a petition for an order for protection;. "data protection legislation" and "personal data" have the same meanings as in the Data Protection Act 2018 (see section 3 of that Act);.

Queens New York Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment

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FAQ

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