Overview of New York Protection Orders

Protection orders in New York serve to safeguard individuals experiencing domestic violence or harassment. These orders can be issued through two distinct court systems, each with different purposes and procedures: Family Court and Criminal Court.

Family Court vs Criminal Court Orders

Family Court protection orders are civil orders primarily designed to protect family members or individuals in intimate relationships from abuse or threats. These orders can impose restrictions such as stay-away provisions, counseling requirements, and custody modifications.

Criminal Court orders are issued in connection with criminal proceedings when an individual is charged with a domestic violence-related offense. These orders often accompany bail conditions or sentencing, focusing on immediate safety during the criminal case.

Filing Steps

To obtain a protection order in Family Court, a petitioner files a petition detailing the abuse or threats. Court clerks provide necessary forms, and assistance is often available through court advocates. In Criminal Court, temporary orders may be issued upon arrest or upon request by the victim or prosecutor.

Temporary Orders

Temporary protection orders provide immediate safety before a full hearing. These can be granted ex parte, meaning the respondent is not present during issuance. They remain in effect until a subsequent hearing allows both parties to be heard.

Hearings

Hearings give the petitioner and respondent the opportunity to present evidence and testimony. The judge then determines whether to issue a final order of protection, often lasting up to several years depending on the circumstances.

Enforcement Basics

Protection orders are enforceable by law enforcement agencies. Violations can lead to arrest and criminal charges. It is essential for survivors to keep copies of orders and inform local police to ensure swift response. For more guidance on safety planning and available resources, visit DV Support.